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Partition of land Malaysia
The Malaysian government has taken steps to modify some provisions of the NLC (National Land Code) to facilitate the partition of the land. This measure is taken especially for the agricultural land for development. According to their amendment, the co-proprietors of agricultural land of 2/5 Hectares are allowed to partition. The co-proprietors are allowed to be partitioned who are holding the large share of the land. As a result, the requirement of acquiring the land for partitioning land is waived now.
What is the meaning of partition?
Partition of a land is a process where the divided land which is apprehended under the land or registry office with two or more co-proprietors is partitioned with the sanction of the State Director or the administrator of the land. Each of the proprietors should have separate Title deed of his share of a land. The partition is necessary to separate the documents of the co-proprietor which will represent the separate ownership of that particular land.
There are some important conditions for getting the approval of partition of land. Let’s see what those are-
- Each co-proprietor has to join the application or they have consented.
- If the co-proprietor has a large share in the land then the condition will be drooped according to section 141A National Land Code.
- The part of the land obtained by the proprietor of the and after the partition is as nearly as may be related to the total complete share in total.
The subsection (a) and (b) of section 141 is changed to waive to permit the owner of the particular land to attend the application for getting the approval of partition without the consent of other co-owner of that land. There are some other matters accompanied with the amendment of the partition of land. Those are -
- The fees payment should be prearranged.
- The proprietor should have a plan of that particular land on a scale which will sufficient to satisfy the administrator of land, including : master plan, location plan and site plan.
- All the written paper for making the application will be necessary
After getting the application for partition, the Land Administration will send notice to other co-owner of the land. If the co-owners have any objection about the application for partition of land, they will be asked to submit a written copy of their objection within a specified period. If the co-proprietors have any objection, after the expiry of that specified period, the land administrator will send a notice to the applicant. He will execute an inquiry over the ground of the objection. If he is satisfied with the ground of objection and he finds the truth of those objections, he will reject the application of partition. If there is no objection from the co-owners, then he will accept as well as approve the application of partition of the land. Upon approval, co-owners are entitled to the benefit of charge over the land.
In certain circumstances, some actions can be taken to prevent partition activities for a reasonable duration. As an instance, a co-proprietor who confirms not to partition may be prohibited from declaring the right, particularly if the contract is in composing. Moreover, a co-proprietor that acquires headline through an instrument that has a non-partition contract will be limited by those conditions. The legal office, however, will usually not implement a contract that reduces the right to partition for an irrational interval of your energy and effort nor will the legal courts enforce a contract to never go for partition.