if you have purchased your property in cash or if you have fully settled your loan with a Financier, the Financier or the Financier Solicitor would have returned a set of original documents to you; which also includes the most important document which is your Original Title.
Why is it important to have the Original Title kept by you?
Our land ownership in Peninsular Malaysia is governed by the National Land Code 1965 which uses the “Torrens System”. This means that every owner of the property is evidenced by having one’s name registered on the property title. So, if you wish to dispose of your property, the Original Title needs to be surrendered to the Purchaser or the Purchaser’s bank.
What if I lost my Original Geran Title?
There is a set procedure set out by the Land Office to apply for a new Land Title.
The procedure and documents needed are quite tedious. The reason for this is the Land Office needs to be absolutely sure that the person applying for the new Original Geran Title has the authority and proper reasons to apply for the new Original Geran Title to prevent fraud.
What are the documents required?
Original Police Report – reporting that the Original Title is missing* Certified True Copy (“CTC”) of the Identification Card of the Owner?Applicant; Statutory Declaration by the Owner/Applicant indication that the Original Land Title is missing; Statutory Declaration by the Lawyer (if the lawyer is representing the Owner/Applicant); Letter of Authority by the Owner/Applicant to the Lawyer; Land Search; A copy of the latest Quit rent & Assessment receipt and proof of payment; Application fee
Once all the documents are compiled, the documents are to be submitted to the Land Office for them to verify. The Land Office may take 6 months or more to issue a new Land Title.
**Please take note that different land offices may require different documents/applications.
**Please note though that the FAQs do not constitute legal advice and as the situation remains fluid, the legal position may change in the near future.