Property Law Co-Proprietorship-Termination<\/a> set out how you may apply to court to terminate the co-proprietorship either by partition, sale or transfer when there is a deadlock.
\n<\/em><\/strong><\/p>\nQ: Do I have to first apply to the land office before applying to court to terminate the co-proprietorship?
\n<\/em><\/strong>No. The new insertion of Section 141A in the National Land Code 1965<\/u><\/em><\/strong> (\u201cNLC 1965<\/strong>\u201d) gives co-proprietor as an alternative avenue to apply to the land office to terminate the co-proprietorship when there is a deadlock. Section 141A<\/u><\/em><\/strong> is a \u201cpermissive section<\/em>\u201d.<\/p>\nYou can make an application to the court terminate co-proprietorship under Section 145<\/u><\/em><\/strong>; even before an application is made under s. 141A<\/u><\/em><\/strong>.<\/p>\nQ: What are the criteria for partition under both s. 141A and 145 of the NCL 1965?
\n<\/em><\/strong>The applicant has to comply with the criteria in Section 136 of the NLC 1965<\/u><\/em><\/strong> as follows:<\/p>\n\n- The partition would not contravene any restriction in interest of the land;<\/li>\n
- The partition would not contravene any laws;<\/li>\n
- Approval from the planning authority is obtained;<\/li>\n
- The partition would not contravene any plan approved by the State\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Authority of the development area which the land is located;<\/li>\n
- If State Authority consent is required, consent has to be obtained;<\/li>\n
- No land revenue is outstanding;<\/li>\n
- Consent in writing is obtained from chargee, leasee or lienholder;<\/li>\n
- If it is an agriculture land, the area of partition should not be less than 2\/5 of a hectare and for any other land, the land size should not be smaller than what is determined by the planning authority;<\/li>\n
- The land after partition is suitable for its intended use; and<\/li>\n
- The partitioned land would have a satisfactory means of access.<\/li>\n<\/ul>","protected":false},"excerpt":{"rendered":"
Termination of co-proprietorship – Land office or court?<\/p>","protected":false},"author":9,"featured_media":3280,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1567],"tags":[2451,2450,2014],"yoast_head":"\n
LAND LAW - CO-PROPRIETORSHIP - TERMINATION | Yew Huoi, How & Associates | Leading Malaysia Law Firm<\/title>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n\n\n\n\t\n\t\n\t\n