Jodie Tan asked:
it’s Thursday…I want to ask for the 1st question. If one property is under Malay owner and master title with restriction, sometimes we check with Developer they will tell you this is under Bumi Lot and some said under Bumi Quota. How shou…ld we can identified it accurately? And if under bumi quota, some developer they said they will not bother whether it is sub-sale to non bumi owner but subject to Land Office approval. Is it a risk there? Thanks.
From the question, we assume that the separate title/ strata title has yet to be issued as you are still referring to master title that has a restriction of interest.

Therefore, unless there is blanket consent from the authority in place, you need to separately apply for consent in compliance with the restriction on the title. However, Selangor and KL land offices have waived individual consent until the subdivision of the master title.

If it is a Bumiputra Lot allocated to satisfy the Bumiputera Quota imposed on the Development, there is no way to verify other than the Developer’s confirmation. In any event, it should not be of great concern if it is a secondary transaction or what we commonly called a sub-sale as the Developer have discharged their obligation to comply with the Bumiputera Quota in the primary transaction.

Be that as it may, we have encountered some strange practice in the past by certain land office in Selangor and Johor of which they stamped the separate/ strata title as bumiputera lot. In such event, it will be complicated.

We have also encountered Developer who does not allow direct transfer to the subsequent purchaser for a sub-sale of bumiputera lot. Parties are then forced to do a double transfer with two stamp duty payment and longer transaction time.

Notwithstanding the above, such isolated incidents are not a norm.