A land title is an important aspect land ownership. Not having one means you won’t be able to effectively transact your land with any other party. But what if your land title went missing?
How can you replace a missing land title in Malaysia?
The Malaysian National Land Code 1965 which is the law that governs any matters related to land provides that under Section 166(1)(d) states the application of replacement titles when the original issue document of title “has been lost or wholly or partially destroyed, or is being improperly or wrongfully withheld” will fall unders the circumstances that may warrant a land title may be issued again.
What this basically means it is possible to replace the missing land title.
So lets discuss just that. How can we replace a missing title. In this article, in specific we will go deep into the below items;
What documents you will need to prepare before applying a land title replacement
What are the procedures to replace a missing land title
Who are the parties is involved in the replacement of land title
How long does it take to replace a land title
How much does it cost to replace a land title
1. What documents you will need to prepare before applying a land title replacement
First and foremost, it is of utmost importance that as the owner of the land, you will need to provide a copy of the land title’s Sale and Purchase Agreement (SPA) when you bought the land.
In the sale and purchase agreement there will be an information of the property which would allow the land office to identify with land title that is missing.
You will also need to prepare and provide the following items to replace your land title;
certified true copy of your identity card as the owner of the land title;
certified true copy of police report;
latest paid quit rent;
latest paid assessment receipt;
2. What are the procedures to replace a missing land title
At this juncture, it is best if you have appointed a lawyer to help you for the replacement of the land title to ensure that all documents are well prepared to be sent to the Land Office.
Due to the complexities of the information and documentation requirements required by the Land Office if your detail is incorrect you may risk having to go back and forth to the Land Office as well as having your application outright rejected.
Below are the steps to replace and procedures to replace a lost land title: -
Lodge a police report that you have lost your title at the nearest police station and the report must be a certified true copy. It must be ensured that all the property details are mentioned such as the postal address, the owner’s name and the identity card number.
Prepare a statutory declaration for your missing title. Your lawyer can assist you. You will also need a statutory declaration by your lawyer who is representing you. These statutory declaration will then need to be affirmed by the Commissioner of Oaths and stamped at the LHDN.
Conduct an official land search on the missing land title at the Land Office. Your lawyer will also assist you on this.
With the official land search result, you will need to attach it together with the police report, statutory declaration, latest paid quit rent, latest paid assessment receipt, a certified true copy of your identity card before being be presented to Land Office.
3. Who are the parties is involved in the replacement of land title
There are few parties involved in the replacement of title, namely: -
Where you need to lodge a police report and bring a certified true copy of the report at the Land Office as a proof of losing the title.
Commissioner of Oaths
To affirm the statutory declaration of your missing title and to affirm the statutory declaration of the lawyer who represents the owner for the process of replacement of title
Lembaga Hasil Dalam Negeri Malaysia (LHDN)
Every document must be stamped (RM10.00).
It must be ensured that the procedures for the replacement of title are followed in order to get the replacement of the Original Title at the Land Office.
4. How long does it take to replace a land title
The time taken for the replacement of title depends on either it is a Qualified Title/Hakmilik Sementara (HS(D)) or Final Title/Hakmilik Kekal (GRN dan PN). The time and procedures that needs to be followed may vary slightly according to the state where the land title will be issued.
For example in the Selangor, the Pejabat Tanah dan Galian Negeri Selangor will take the following time to issue a land title replacement: -
Leasehold/Hakmilik Sementara (HS(D)) = Three (3) months;
Freehold/Hakmilik Kekal (GRN dan PN) = Six (6) months.
5. How much does it cost for the replacement of Title
In Selangor the fees as for Qualified Title will be RM 430.00 and RM 440.00 if it is a Final Title. This varies between states in Malaysia.
This does not include the disbursement and the legal fee that your lawyer shall charge for their services.
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The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
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AKMAL SAUFI & CO (ASCO LAW) is a legal firm licensed under the Legal Profession Act 1976 and a member of the Malaysian Bar Council.