Section 279
Discharge by payment to Registrar in cases of death, absence or disability
of National Land Code (Revised - 2020)
(1)
Any chargor may apply to the Registrar for relief under this section on the grounds that he is entitled to pay off the charge but—
(a)
the chargee is dead, or cannot be found within the
Federation, or evades or refuses to accept payment thereof, or is under a legal disability, and
(b)
he is unable to trace any person or body authorized to receive payments on the chargee’s behalf.
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Act 828
(2)
Where the grounds specified in any such application, and the precise amount due under the charge, are established to his satisfaction, the Registrar shall authorize the chargor to deposit the amount in question with him; and upon the making of the deposit, the land or lease to which the charge relates shall be discharged from all liability thereunder.
(3)
The receipt of the Registrar for any moneys deposited with him under this section shall, as respects the personal liability of the chargor, be a sufficient discharge therefor; and any such moneys—
(a)
shall be placed by the Registrar in the custody of such public officer as he may think proper;
(b)
may be claimed by the person or body entitled thereto at any time within six years of the date of deposit; and
(c)
if not so claimed, shall thereafter be paid into the
Consolidated Fund of the State.
Memorialization on discharge by payment 280.
Where any land or lease has become discharged from liability under any charge by payment to the Registrar under section 279, the registration of the charge shall be cancelled by the Registrar pursuant to section 314; and any chargor may apply to the Registrar under that section for cancellation of the registration of the charge on the grounds that a discharge has been effected by payment to the chargee.
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National Land Code 441
Provisions of the
National Land Code
Modification
Paragraph 279(3)(c)
In its application to the Federal Territory of Labuan, substitute for the words “Consolidated Fund of the
State” the words “Federal Consolidated Fund”.
Act 828