Malaysia legislation
Section 333
Section 333
Creation of trust caveats and duration thereof
(1)
The Registrar may enter a trust caveat on the application of—
(a)
the trustees for the time being of any land or interest;
or
(b)
the person or body by whom any land or interest is first transferred to trustees; or
(c)
the person or body by whom any interest is created in favour of trustees:
Provided that no application made by virtue of paragraph (b)
or (c) shall be entertained unless it is presented to the Registrar with the instrument transferring or creating the land or interest in question.
339
National Land Code 497
Provisions of the
National Land Code
Modification
Subsection 333(3)
In its application to the Federal Territory of Labuan, delete the words “or, as the case may be, Land
Office”.
Act 828
(2)
Any application for the entry of a trust caveat shall be in
Form 19e, duly attested in accordance with the provisions of section 211 notwithstanding that the provisions dealt with dealings in alienated land, and shall be accompanied by the prescribed fee.
(3)
The Registrar shall note on any such application the time at which it was received (being, in the case any application sent by post, the time at which it was withdrawn from its cover in the Registry or, as the case may be, Land Office) and, subject to the proviso to subsection (1), shall, as soon as may be thereafter, enter the caveat applied for on the register document of title to the land in respect of which, or an interest in which, it is to have effect.
(4)
The entry of a trust caveat on any register document of title shall be effected by the endorsement thereon, under the hand and seal of the Registrar, of the words “Caveat (Trust)”, together with a statement specifying—
(a)
whether the caveat is entered in respect of the land itself, or a particular interest only;
(b)
the precise effect thereof;
(c)
the time from which it is effective (being the time of receipt of the application for its entry, as noted on the application pursuant to subsection (3)); and
(d)
the reference under which the application is filed.
(5)
A trust caveat shall continue in force until cancelled by the Registrar on an application in that behalf by the trustees for the time being and all persons and bodies beneficially entitled under the trust.
(6)
On cancelling a trust caveat pursuant to subsection (5), the
Registrar shall endorse against the cancelled caveat a note of the date of cancellation.
(7)
Every endorsement under subsection (6) shall be signed and sealed.
340
National Land Code 499