National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Determination of fitness for registration
301. When an instrument is fit for registration
Feedback & supportAn instrument shall be fit for registration under this Part if, but only if, the following conditions are satisfied:
that it is one of the classes of instrument set out in subsection 292(1) as authorized to be so registered;
registered
“registered” means registered in accordance with the provisions of this Act or of any previous land law;
that it complies with—
the provisions of Part Thirteen as to the form, content, execution and attestation of instruments of dealing generally, and the persons and bodies capable of taking thereunder, and
Form
“Form”, followed by a number and letter, means the form in the First Schedule identified by that number and letter;
the provisions of Parts Fourteen to Seventeen with respect to instruments of the particular class in question;
that the dealing which it effects is not contrary to any prohibition or limitation imposed by this Act or any other written law for the time being in force, or to any restriction in interest to which the land in question is for the time being subject;
dealing
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;
that it does not declare or, except as permitted by section 344, disclose the existence of any trust; and
that it is duly stamped in accordance with the provisions of the Stamp Act 1949:
Provided that where a certificate of sale has been given to a purchaser in respect of any charged land or lease under subsection 259(3) or 265(4), any requirement to obtain the consent of the State Authority relating to the restriction in interest to such land or lease in question shall not be applicable.
certificate of sale
“certificate of sale” means any certificate issued to a purchaser under subsection 259(3) or 265(4), including either of those subsections as applied by subsection 281(3);
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National Land Code 459
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Provisions of the
National Land Code
Modification
Section 301
In its application to the Federal Territory of Labuan—
in the proviso, delete the words “or 265(4)”;
insert after the proviso, the following further proviso:
“Provided further that any instrument executed and fit for registration under any previous land law prior to the commencement of the extended Code, shall be deemed fit for registration under the National Land Code.”.
previous land law
“previous land law” means any law relating to land in force in the State at any time before the commencement of this Act;
Rents to be paid before presentation 301a. Any instrument which has been entered in the Presentation
Book pursuant to section 295 shall not be registered if any rent due in respect of the land and, where applicable, any levy payable under subsection 433b(2) have not been paid at the time of presentation.
rent
“rent” includes— (a) any annual sum payable to the State Authority by way of rent; (b) any other annual payment due to the State Authority which by any written law is to be collected as if it were rent or land revenue; and (c) any fee due to the State Authority in respect of arrears of rent by virtue of rules under section 14; (d)…