AskCA
Chin Thiem Hee asked:
My father (A) had bought a partial of land from a landlord (B) since 40 years ago. There is a legal writing agreement/ contract (with duty stem) between them.

However, the landlord did not divide/apply any grant to my father A although boundaries (batu sempadan) were planted by license surveyor. We staying in there without any trouble although without grant.

Nowadays, B was passed away and her husband (C) had sold the land to a developer (D) without inform my father A. Last month, the developer (D) have come to meet my father A and claims the right of land. The developer had informed my father A to move out from the land (with issued lawyer letter) within a month even my father A showed his writing agreement.

C supposes realized the existing of writing agreement/transaction between my father A and his wife B but did not acknowledge the developer (D).

The problem is my father unable to find C and there are no record of my father’s name in the land office.

Do the writing agreement valid to protect the right of ownership of my father A?

Does the developer have the right to request my family move out?

Thanks…

  1. It is settled law in Malaysia that the registered proprietor of any land shall have indefeasible title to right to the land. In order to challenge the ownership of the registered proprietor (in this case, the developer), you must be able to show that:
    1. the registered owner has obtained the land by fraud or misrepresentation; or
    2. where registration was obtained by forgery, or by means of an insufficient or void instrument; or
    3. where the title was unlawfully acquired in the purported exercise of any power or authority conferred by any written law.
  2. Notwithstanding to the above, the sale and purchase agreement duly executed and stamped the previous landlord (“1st Landlord”) and between your father (“1st Buyer”); and the fact that your family has been occupying the land for the past 40 years has no doubt shown that the 1st Buyer has an equitable interest on the land.
  3. Such equitable interest supported with circumstantial factors e.g. the valid reason on why action has not been taken to perfect ownership of the land, costs and expenses spent in improving the land, effort taken in perfecting the transfer of ownership, etc. you shall have valid ground in claiming for compensation, if not ownership of the land.