Subdivision, partition and amalgamation

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2. INTRODUCTIONSec. 92 after registration of title, the proprietor has the right to:c. subdivide;d. partition; ande. amalgamate 3. a. SUBDIVISIONaprocess the breaking up of an alienatedland held under a final title. Held under a single title into 2 or moreportions; Each land to be held by the sameproprietor or co-proprietors; Upon completion of the subdivision,portions will be held under separate titles. 4. Who can apply ? Sec. 135(1)The registered proprietor of alienated landheld under:- Registry or Land Office title; or Qualified title in continuation of final title (where an application is made to furthersubdivide a subdivided portion and theboundaries has yet to be surveyed)can apply for subdivision. 5. Whoapprove the application?Sec. 135(2) Registry title (land held under RT) statedirector Land office title land administrator. 6. Effects of subdivision:- Titlewill be issued for new portion The existing title is no longer effective Name of proprietor or co-proprietor willappear in all the titles; There is no termination of co-proprietorship 7. What are the conditions to beadhered to by applicant? Sec. 136 subdivision shall only be approved if following conditions are satisfied:-2. Subdivision would not contravene any other written law and if there is any requirement to be complied with by such law, have been complied.3. Approval from the planning authority obtained; 8. continue1. Subdivision would not be contrary to any state plan for that area;2. Subdivision has consent from any body/authority specified by the SA, if any;3. No outstanding in any item of land revenue;4. Any person/body who has registered interest on that land has consented in writing to the application of subdivision. 9. How to apply?Sec. 137- In writing to the Land Administrator in F 9Aand shall be accompanied by;-- Prescribed fees- A plan of land which includes detail ofsubdivision and such number of copiesrequired- Consent from other authority- Consent from person/body having interestin the land- Upon receiving the application, LA willmake endorsement on the RDT 10. Approval sec. 138 If all conditions are satisfied, LA shallapprove the application or needmodification. LA shall inform proprietor of the approvaland payment to be made to him by theproprietor;- survey fees;- Fees in respect of the preparation andregistration of final title to the sub-divisional lots. If the application is rejected, LA shallnotify proprietor and shall cancel the note 11. b. PARTITION - sec. 1401. What is partition?Involves the dividing of land into portions;Each co-proprietor has a separate title to that portion. 12. 2. What are the effects ofpartition? The existing title is no longer effective; Land will be divided into more than 1portion Co-proprietor will terminate; and Each co-proprietor will have his ownseparate title. 13. Who may apply? Anytwo or more persons as co-proprietorsof alienated land held under Registry orLand Office title Proprietor, holding a final title 14. Sec. 141 conditions for approval Application shall only be approved by SDor LA if : If each of the co-proprietor has eitherjoints in or consent to the application; The area will reflect the proportionreferred to the original finaltitle/proportionate to his undivided sharein the whole; Conditions as imposed under sub-divisionin sec. 136(1) 15. Sec. 141A application MajorityMajority ProprietorsA co-proprietor holding majority share in the land may apply for partition 16. Sec. 142 how to apply? In writing to LA in Form 9B and to attachplan and consent from who hasregistered interest. The LA shall endorsethe application on the RDT. If application is made by majority co-proprietor, LA shall notify the other co-proprietor for any objection (if any) within28 days. 17. continueUpon expiry of the 28 days period, the LAshall:- Notify applicant and other co-proprietorswhere there are objections that inquiry willbe held at a time and place specified:-- if satisfied that good grounds exist,reject the application;- if otherwise, approve, LA may approveapplication If there are no objections, the LA mayapprove application. 18. Sec. 143 Powers of LA inapplication IfLA is satisfied that all conditionsimposed, he shall approve and notifyeach of the co-proprietors of theapproval and call upon the co-proprietorto pay within a specified time:- - survey fee, if any - Fee for preparation and registration ofF.T to each portion. 19. continue If not, LA shall reject application andnotify the co-proprietor, Then LA shallcancel the note endorsed on RDT 20. Issue of title to individual portionssec. 144 Once partition has been completed, a new title will be issued. 21. What if there is co-proprietorrefuses to partition?Sec. 145 Co-proprietor are unable to agree topartition, Those wishing to partition may apply tothe High Court for an order to partition. 22. How does court assist?The court may order:- Land to be sold and the proceeds beshared according to the shareholding ofeach co-proprietor; Land to be sold if it difficult to partition theland lots of appropriate size; The share of a co-proprietor wishing topartition be transferred to thoseco=proprietor who do not wish to partitionsubject to compensation/price paid 23. When to refer matter tocourt Ifthe majority shareholder wishes topartition but any one of co-proprietorrefused to do so, they can straight applyto court and not necessary to the LA. Ku Yan bt Ku Abdullah v. Ku Idris b. KuAhmad (1991) 3 MLJ 439 24. Subramaniam & Ors v.Inderjit Kaurd/o Karnail Singh & Anor. (1997) 3MLJ 366 Disagreed with the decision in Ku YansCase. Judges opinion:- Sec. 145(1)(a) is where minority holdersintends to apply to the LA for partition butone of the c0-proprietor refused toconsent to it. Then, minority may apply to court underSec. 145(1)(a). This applicant must firstsatisfy the cout that he did not get the cooperation of the co-proprietors; 25. continue Themajority s/holder of the land on theother hand, must first apply to he LAunder sec. 141A for partition. They are not required to obtain consent ofother co-proprietor as stated in Sec.142(1)(e) If application for partition is rejected bythe LA, he may come to the court toappeal under sec. 418 of NLC. Sec. 418 isa right to appeal given to any partyaggrieved (treated unfairly) by thedecision of the Registrar/LA. They must apply direct to the court forpartition. 26. 3. AMALGAMATIONSEC. 140what is amalgamation? Involves the combination of two or morecontiguous/adjoining lots of alienatedland The lands are under separate titles. When combined, the land will be heldunder single title. 27. Approving authority sec. 146(2) Lots to be amalgamated if held under Land Office Title and combined are will not exceed 4 hectares approval made be LA. 28. Effect of amalgamation Singletitle will be issued Name of all proprietors will appear in titletogether with shareholdings; Existing titles have no more effect 29. Process of amalgamation sec.147(1) Amalgamation shall only be approved bythe SD/LA If condition in sec. 136(a)-(g) are satisfied 30. When will sanction from SA isneeded for approval? Sec.147(2) Where the lots to be combined are heldunder Land Office Title and aftercombined exceeds 4 hectares 31. continue Wherethe combined lots are held partlyunder Registry Title land partly under LandOffice Title. Any dissimilarity exists between any of thelots in respect of: The periods for which they are held - onetitle may be for 99 years another may bein perpetuity. 32. continue Ratesof rent payable one title may costRM50.00 and another may be RM20.00 Categories of land use/conditions andrestrictions in interest one title maybe foragriculture and another may be forindustry. SA shall direct amalgamation beapproved with new conditions as it maythink fit to overcome the dissimilarity. 33. Application for approvalsection 148 Application in F9C and prescribed feesand plan of lot to be amalgamated andany approval required under any writtenlaw and consent from any interestedparty. Upon receiving application, LA shallendorse a note on RDT. 34. End of topicThank you