Section 264
Procedure prior to sale
of National Land Code (Revised - 2020)
(1)
After making any order under section 263, the Land
Administrator shall—
(a)
serve a copy thereof on the chargor, and on every chargee of the land or lease in question; and
(b)
give public notice of the sale in such manner as he may consider appropriate.
(2)
The chargee on whose application the order was made shall deposit with the Land Administrator, not less than seven days before the date fixed for the sale—
(a)
the duplicate charge; and
(b)
if in his custody, the issue document of title to the land or, as the case may be, duplicate lease.
(3)
The Land Administrator may, if he thinks it expedient to do so, from time to time postpone any sale ordered under section 263.
(4)
Notice of any such postponement shall be given to each of the persons or bodies on whom a copy of the order was served pursuant to paragraph (1)(a), and shall be published in such manner as the Land Administrator may consider appropriate.
280
National Land Code 417
Provisions of the
National Land Code
Modification
Section 264
In its application to the Federal Territory of Labuan, delete these sections.
Act 828
Postponement or cancellation of an order for sale by Land
Administrator 264a. (1) An order for sale made under section 263 may be postponed only once for a period not exceeding three months or cancelled by the Land Administrator upon an application of the chargee with the concurrence of the chargor in Form 16o and shall be accompanied by such fee as may be prescribed:
Provided that such application shall be submitted to the Land
Administrator not less than seven days before the date of the sale.
(2)
Upon receiving an application made under subsection (1), the Land Administrator may approve or reject the application.
(3)
Where the Land Administrator approves an application made under subsection (1), he shall give an order in Form 16p to each of the persons or bodies on whom a copy of the order for sale was served pursuant to paragraph 264(1)(a) and give public notice in such manner as he may consider appropriate.
(4)
The rejection of any application made under subsection (1)
shall be without prejudice to the making of a fresh application by the chargee.