SUBDIVISION, PARTITION AND AMALGAMATION

INTRODUCTION Sec. 92 – after registration of title, the

proprietor has the right to:

a. subdivide;b. partition; andc. amalgamate

a. SUBDIVISION a process the breaking up of an

alienated land held under a final title. Held under a single title into 2 or more

portions; Each land to be held by the same

proprietor or co-proprietors; Upon completion of the subdivision,

portions will be held under separate titles.

Who can apply ? Sec. 135(1) The registered proprietor of alienated

land held under:- Registry or Land Office title; or Qualified title in continuation of final title (where an application is made to further

subdivide a subdivided portion and the boundaries has yet to be surveyed)

can apply for subdivision.

Whoapprove the application?Sec. 135(2) –

Registry title (land held under RT) – state director

Land office title – land administrator.

Effects of subdivision:- Title will be issued for new portion The existing title is no longer effective Name of proprietor or co-proprietor will

appear in all the titles; There is no termination of co-

proprietorship

What are the conditions to be adhered to by applicant?

Sec. 136 – subdivision shall only be approved if following conditions are satisfied:-

1. Subdivision would not contravene any other written law and if there is any requirement to be complied with by such law, have been complied.

2. Approval from the planning authority obtained;

… continue3. Subdivision would not be contrary to any

state plan for that area;4. Subdivision has consent from any

body/authority specified by the SA, if any;5. No outstanding in any item of land

revenue;6. Any person/body who has registered

interest on that land has consented in writing to the application of subdivision.

How to apply?Sec. 137- In writing to the Land Administrator in F 9A

and shall be accompanied by;-- Prescribed fees- A plan of land which includes detail of

subdivision and such number of copies required

- Consent from other authority- Consent from person/body having interest in

the land- Upon receiving the application, LA will make

endorsement on the RDT

Approval – sec. 138 If all conditions are satisfied, LA shall approve

the application or need modification. LA shall inform proprietor of the approval and

payment to be made to him by the proprietor; - survey fees; - Fees in respect of the preparation and

registration of final title to the sub-divisional lots.

If the application is rejected, LA shall notify proprietor and shall cancel the note endorsed on the RDT

b. PARTITION - sec. 1401. What is partition?

Involves the dividing of land into portions;

Each co-proprietor has a separate title to that portion.

2. What are the effects of partition? The existing title is no longer effective; Land will be divided into more than 1

portion Co-proprietor will terminate; and Each co-proprietor will have his own

separate title.

Who may apply?

Any two or more persons as co-proprietors of alienated land held under Registry or Land Office title

Proprietor, holding a final title

Sec. 141 – conditions for approval Application shall only be approved by SD

or LA if : If each of the co-proprietor has either

joints in or consent to the application; The area will reflect the proportion

referred to the original final title/proportionate to his undivided share in the whole;

Conditions as imposed under sub-division in sec. 136(1)

Sec. 141A – application Majority Majority Proprietors

A co-proprietor holding majority share in the land may apply for partition

Sec. 142 – how to apply? In writing to LA in Form 9B and to attach

plan and consent from who has registered interest. The LA shall endorse the application on the RDT.

If application is made by majority co-proprietor, LA shall notify the other co-proprietor for any objection (if any) within 28 days.

…continueUpon expiry of the 28 days period, the LA shall:-

Notify applicant and other co-proprietors where there are objections that inquiry will be held at a time and place specified:-

- if satisfied that good grounds exist, reject the application;

- if otherwise, approve, LA may approve application

If there are no objections, the LA may approve application.

Sec. 143 – Powers of LA in application If LA is satisfied that all conditions

imposed, he shall approve and notify each of the co-proprietors of the approval and call upon the co-proprietor to pay within a specified time:-

- survey fee, if any - Fee for preparation and registration

of F.T to each portion.

… continue

If not, LA shall reject application and notify the co-proprietor, Then LA shall cancel the note endorsed on RDT

Issue of title to individual portionssec. 144

Once partition has been completed, a new title will be issued.

What if there is co-proprietor refuses to partition?

Sec. 145 – Co-proprietor are unable to agree to

partition, Those wishing to partition may apply to

the High Court for an order to partition.

How does court assist?The court may order:- Land to be sold and the proceeds be

shared according to the shareholding of each co-proprietor;

Land to be sold if it difficult to partition the land lots of appropriate size;

The share of a co-proprietor wishing to partition be transferred to those co=proprietor who do not wish to partition subject to compensation/price paid

When to refer matter to court If the majority shareholder wishes to

partition but any one of co-proprietor refused to do so, they can straight apply to court and not necessary to the LA.

Ku Yan bt Ku Abdullah v. Ku Idris b. Ku Ahmad (1991) 3 MLJ 439

Subramaniam & Ors v.Inderjit Kaur d/o Karnail Singh & Anor. (1997) 3 MLJ 366 Disagreed with the decision in Ku Yan’s

Case. Judge’s opinion:- Sec. 145(1)(a) – is where minority holders

intends to apply to the LA for partition but one of the c0-proprietor refused to consent to it.

Then, minority may apply to court under Sec. 145(1)(a). This applicant must first satisfy the cout that he did not get the co—operation of the co-proprietors;

… continue The majority s/holder of the land on the other

hand, must first apply to he LA under sec. 141A for partition.

They are not required to obtain consent of other co-proprietor as stated in Sec. 142(1)(e)

If application for partition is rejected by the LA, he may come to the court to appeal under sec. 418 of NLC. Sec. 418 is a right to appeal given to any party aggrieved (treated unfairly) by the decision of the Registrar/LA.

They must apply direct to the court for partition.

3. AMALGAMATION SEC. 140

what is amalgamation?

Involves the combination of two or more contiguous/adjoining lots of alienated land

The lands are under separate titles. When combined, the land will be held

under single title.

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.

Effect of amalgamation

Single title will be issued Name of all proprietors will appear in

title together with shareholdings; Existing titles have no more effect

Process of amalgamation – sec. 147(1)

Amalgamation shall only be approved by the SD/LA

If condition in sec. 136(a)-(g) are satisfied

When will sanction from SA is needed for approval?

Sec. 147(2) Where the lots to be combined are held

under Land Office Title and after combined exceeds 4 hectares

… continue Where the combined lots are held partly

under Registry Title land partly under Land Office Title.

Any dissimilarity exists between any of the lots in respect of:

The periods for which they are held - one title may be for 99 years another may be in perpetuity.

…continue Rates of rent payable – one title may

cost RM50.00 and another may be RM20.00

Categories of land use/conditions and restrictions in interest – one title maybe for agriculture and another may be for industry.

SA shall direct amalgamation be approved with new conditions as it may think fit to overcome the dissimilarity.

Application for approval section 148 Application in F9C and prescribed fees

and plan of lot to be amalgamated and any approval required under any written law and consent from any interested party.

Upon receiving application, LA shall endorse a note on RDT.

End of topic

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