Malaysia legislation
Section 340
Section 340
Registration to confer indefeasible title or interest, except in certain circumstances
(1)
The title or interest of any person or body for the time being registered as proprietor of any land, or in whose name any lease, charge or easement is for the time being registered, shall, subject to the following provisions of this section, be indefeasible.
344
National Land Code 503
Provisions of the
National Land Code
Modification
Paragraph 339(2)(b)
In its application to the Federal Territory of Labuan, delete the words “or 265(4)”.
Act 828
(2)
The title or interest of any such person or body shall not be indefeasible—
(a)
in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy; or
(b)
where registration was obtained by forgery, or by means of an insufficient or void instrument; or
(c)
where the title or interest was unlawfully acquired by the person or body in the purported exercise of any power or authority conferred by any written law.
(3)
Where the title or interest of any person or body is defeasible by reason of any of the circumstances specified in subsection (2)—
(a)
it shall be liable to be set aside in the hands of any person or body to whom it may subsequently be transferred;
and
(b)
any interest subsequently granted thereout shall be liable to be set aside in the hands of any person or body in whom it is for the time being vested:
Provided that nothing in this subsection shall affect any title or interest acquired by any purchaser in good faith and for valuable consideration, or by any person or body claiming through or under such a purchaser.
(4)
Nothing in this section shall prejudice or prevent—
(a)
the exercise in respect of any land or interest of any power of forfeiture or sale conferred by this Act or any other written law for the time being in force, or any power of avoidance conferred by any such law; or
(b)
the determination of any title or interest by operation of law.
345
National Land Code 505
Provisions of the
National Land Code
Modification
Act 828
Provisions of the
National Land Code
Modification
Section 341
In its application to the Federal Territory of Labuan, substitute for the words “Limitation Act 1953 [Act 254]”
the words “Limitation Ordinance [Sabah Cap. 72]”.
National Land Code
National Land Code 507
Adverse possession not to extinguish titles or interests 341.
Adverse possession of land for any length of time whatsoever shall not constitute a bar to the bringing of any action for the recovery thereof by the proprietor or any person or body entitled to an interest therein, and accordingly, the Limitation Act 1953
[Act 254], shall in no circumstances operate to extinguish any title to, or interest in, land.
Part Twenty-One—CO-PROPRIETORSHIP AND TRUSTS