Malaysia legislation
Section 15
Section 15
(2)
The strata register shall consist of a series of books, each relating to one lot, and every such book shall contain—
(a)
an index in Form 2 to the individual parcels and, if any, appurtenant accessory parcels and to the individual provisional block, if any, comprised in the lot;
(b)
a statement in Form 3 which subject to subsections (4), (5)
and (6) shall—
(i)
set out, or where appropriate summarize so far as they relate to matters capable of affecting any of those parcels or provisional blocks, all express conditions, restrictions-in-interest, memorials, endorsements and other entries which appeared on the register document of title to the lot at the time the statement was authenticated by the Registrar; or
(ii)
confirm that there were no such entries;
38 Laws of Malaysia ACT 318
(c)
a copy of the certified strata plan prepared under paragraph 13(1)(a); and
(d)
the register document of title in Form 4 in respect of a parcel and in form 4A in respect of a provisional block.
(3)
The name of the management corporation, and the address for the service of documents thereon, required to be stated in the index in
Form 2 shall be supplied to the Registrar by the proprietor of the lot.
(3A)
Where the proprietor of the lot, after being given reasonable notice by the Registrar, fails to supply the name of the management corporation or the address for service of documents thereon as required by subsection (3), the Registrar—
(a)
as regards the name of the management corporation, shall himself determine the name to be stated in the index in
Form 2; or
(b)
as regards the address for service, shall cause to be stated in the index in Form 2 the postal address of any building erected within the lot.
(4)
For the purposes of the statement in Form 3, no account shall be taken of any lease, tenancy or any caveat relating to a part of the building which corresponds precisely with, or is included within one of the parcels created on the subdivision, or of any charge of, or lien over, such a lease;
but any such lease, tenancy, caveat or charge shall be endorsed on the register document of title to the parcel in question.
(5)
The Registrar shall, in the case of private caveats or Registrar’s caveats appearing on the register document of title to the lot, if satisfied that such caveats affect only particular parcels created on the subdivision, endorse such caveats on the register documents of title to the parcels in question, and endorse or cause to be endorsed, a note of the cancellation of such caveats on the register document of title to the lot.
(6)
Where the Registrar is unable to ascertain to his satisfaction the caveats which affect the particular parcels, he may, instead of setting out or summarizing them, endorse a statement in Form 3 to the effect that the
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lot is so subject to the caveats entered on the register document of title to the lot:
Provided that the Registrar may at any time thereafter, if it can be ascertained to his satisfaction that any of such caveats relate to particular parcels, endorse such caveats on the register documents of title to the parcels in question and endorse or cause to be endorsed, a note of the cancellation of such caveats on the register document of title to the lot.
Documents of strata title