In our “askCA@Thursday” on 10 May 2012, we received a question:
Hi, if blanket consent in favour of the vendor is already obtained, normally we just obtained the CTC of the same and submit for consent to charge. But there is a lawyer firm disagreed and they asked us to get what batal & ganti. What is the normal practise? Thank you.
Blanket consent is only applicable for transfer from Developer to the 1st purchaser. Normally, the blanket consent in this instance covers also the consent to charge as it is expected that the 1st purchaser would have assigned his interest in the property to finance the initial purchase.
‘Batal dan ganti’ is a process to cancel the consent in favour of the 1st purchaser and replace with a consent in favour of the subsequent purchaser directly. This allows direct transfer to the 2nd purchaser. This process however involved a fresh effort by the Developer thus it is unlikely that the Developer would agreed to do the same especially blanket consent that involved interest of the other purchasers.
Normal practice is subject to the applicable state authority that grant such consent.
Thank you Jodie for your question, do let us know if you need further clarification to our answer.