SBC/CIR/034/14

6th June, 2014



UPDATES AND  GUIDELINES:

 

To All Selangor Bar Members,

 

The Bar Council, Kuala Lumpur Bar and Selangor Bar Conveyancing Practice & SRE Sub-Committee had a meeting with the Wilayah Land Office on 9 May 2014. 

 

Kindly, please find below the copy of notes of the said meeting:-

 

Issues discussed:

1.  New Guidelines for Registration of Transactions and Non-Transactions w.e.f 4 February 2014

 

The WLO had prepared a simplified guide of common mistakes made during presentations of documents. Copy of the guidelines may be downloaded via this link:

http://www.ptgwp.gov.my/main.php?Content=home&FolderID=61&CurLocation=0&IID=

 

Quit Rent for Strata Properties - The letter of confirmation from the Management Corporation (MC) up to 31 May 2014 only will be acceptable by WLO.

                

2. Website/portal update(www.ptgwp.gov.my)

Members may now check the status of their documents online via smart phone and the service is free. It is called e-semakan. (sms to 15888)

 

Services available (only for landed properties)

a.      Status of quit rent payment

b.      Status of the presentation

c.      Status for the collection of the duly registered issue document of title

 

Once the documents are presented at WLO, the lawyers may check the status of the presentation through this link either by using the presentation number or the title description/number.

                

3.  Certified True Copy (CTC) of Title    

Lawyers have been advised by the WLO to carry out Official Searches (Carian Rasmi) instead of the CTC.

 

(The Official search is acceptable for any consent application to the State Authority to the transfer of landed properties as the same is signed by the Registrar.  And the Fee for an Official Search is the same as the CTC charges i.e. RM50 and the same is valid for 3 months.)

                

4. Registration Fees

a. Fees for re-presented documents

Regarding the request to reduce fees for re-presentation of amended documents WLO is of the view that there is no provision under the Federal Territory of Kuala Lumpur Land Rules 1995 that empowers WLO to reduce the registration fee. The Land Rules need to be amended before this may be implemented.

 

b.List of Fees

WLO agrees to display the list of fees on their website for easy reference.

                

5. Counters and Queue Numbers

There are two (2) counters available for the presentation of documents in respect of Strata Titles and the Landed Properties.

 

In any given day, WLO will only issue 300 numbers before 3:30 pm - as after 3:30 pm, the system will automatically shut down and no further presentation will be entertained.

 

Each number or ticket allows for five (5) transactions inclusive of presentation of documents and conducting title searches. This is to ensure that all applications submitted can be processed within the same day.

                

6. Strata Title

a.  Strata Titles Searches

The current average time taken for a Strata Title search is seven (7) working days due to the manual process of locating the voluminous strata title book/s.

 

b. Registration

The Registration of the Strata Title is endeavored to be completed within three (3) months depending on whether the strata title book can be located within the said period.

                

7. Rejection of Documents        

a. Stamp Certificate

There must not be any typo error of the name, NRIC no. or title description on the Stamp Certificate.

 

b. Attestation

If the date of the attestation for the said document cannot logically be on the same day as the day it was signed in London (for e.g.) and also submitted to WLO on the same day, then it will be rejected.

                

8. Power of Attorney (PA)

WLO requires the donor and donee to be present for investigative interview, to prevent fraudulent transactions via PA and this is also to ensure that the PA is still valid/legal. Due to WLO having, in the past, to defend seven (7) fraud cases in court for which in one (1) of the cases, the Court had found the Land Office responsible and liable.

                

9.  E-consent commencing on 1 June 2014 

The online application for e-consent will commence w.e.f 1 June 2014. This concerns the State Authority’s Consent allowing the Transfer of landed properties.

 

All the relevant information must be furnished in Jadual 17 via the online system: thereafter print and submit the hard copy of the Jadual 17. WLO will process the application upon receipt of the hard copy of the Jadual 17, the application fees and the relevant supporting documents.

                

10. Company Resolution 

For cases where the transferor is a company, a copy of the transferor’s Company Director’s Resolution has to be submitted along with the other documentation.

                

11. Probate or Letter of Administration

For probate or letter of administration cases:-

a. No State Authority Consent for Transfer is required if the transfer is done by way of a transfer from the executor to the beneficiary.

 

b. The State Authority Consent for Transfer is required if the transfer is done by way of sale from the executor or beneficiary to a new purchaser.

 

c. Distribution of assets will follow the Will. A Court Order is required if one of the beneficiaries wishes to give his share to another beneficiary.

                

12. Rectification of the Document of Title

The time to be taken for any rectification of any Document of Title will be:-

a. for landed properties – two (2) weeks

b. for strata properties -  one (1) month.

 

Members, please take note.

 

Thank you.

 

Vishnu Kumar

Chairman

Selangor Bar Committee

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