POC is a complimentary process performed together with the Perfection of Transfer. This process is only applicable when the purchaser bought a property via financing provided that the purchaser / borrower has still yet to settle the facility / loan granted by the Bank as of the date when the Individual Title or Strata title…
Whether the date of delivery of the vacant possession of the building in Sarawak shall be calculated from the date the booking fee was paid OR from the date the Sale and Purchase Agreement was signed? The method of calculating the date of delivery of vacant possession in Sarawak is provided in the Form B…
According to Section 2(1) of the Wills Act 1959 defines Will as the intention and declaration made by a testator that he or she desires to distribute his or her property. An individual is to be advised to do last will and testament so that his estates can be distributed in accordance to the wishes…
1. First Time Home Buyer Exemption Order Type of Instrument that can be Waived from Stamp Duty P.U. (A) 53 Memorandum of Transfer P.U. (A) 54 Facility Agreement • Applicable to First Time Buyer (the individual does not possess any property under his/her name, whether by inheritance or any other methods). • Purchaser is a…
Preliminary Questions My family member (deceased) has passed away, how do I administer or deal with the assets left behind? If the deceased passed away leaving a will, the executor(s) named in the will would need to apply for Grant of Probate from the High Court of Malaya. If the deceased passed away without a…
When deciding whether to initiate a Court action, it is common for people to be concerned what if they lose their case, what if the Court’s decision is not in their favour etc. FEAR NOT as your right will not end there as we are all conferredwith the right of appeal so long your case…
Harta apa yang boleh difaraidkan? J: Harta yang didaftarkan di bawah nama Si Mati seperti: a) Harta Tak Alih: tanah dan rumah. b) Harta Alih: wang simpanan bank, saham, KWSP, Tabung Haji, iInsurans, barang kemas dan lain-lain. Selepas saya meninggal dunia, siapa yang boleh memohon Perintah Faraid ke atas harta pusaka saya? J: Mana-mana ahli…
Apakah Hibah? J: Hibah adalah pemberian harta secara kasih sayang kepada sesiapa yang dikehendaki ketika Penghibah masih hidup dan tanpa balasan. Adakah saya perlu mendapatkan persetujuan ahli waris yang lain sebelum saya menghibahkan harta saya? J: Tidak perlu kerana ia adalah hak Penghibah sepenuhnya untuk menentukan kadar hibah dan kepada siapa harta tersebut dihibahkan. Siapa…
Apakah wasiat? J: Wasiat adalah pemberian oleh pewasiat kepada penerima wasiat sama ada dalam bentuk benda, hutang atau manfaat untuk dimilik dan pemberian tersebut dilaksanakan selepas pewasiat meninggal dunia. Apakah perbezaan wasiat dan hibah? J: Wasiat dilaksanakan selepas pewasiat meninggal duni, hibah dilaksanakan semasa pemberi hibah masih hidup. Berapakah had harta saya yang boleh diwasiatkan?…
Being bound by a ‘bankrupt’ status is oftentimes burdensome because bankrupts would be restricted from carrying out what a normal person could do such as travelling overseas (unless with a written permission from the Director General of Insolvency [‘DGI’] or an Order from the Court), taking on loan with the financial institution and working in…
One of the highlights of the Budget 2022, proposed by Tengku Datuk Seri Zafrul Abdul Aziz, our Minister of Finance, is that the disposal of real property by individual citizens and permanent residents (Part I as below) starting from the Sixth (6) years and above will be removed. Section 30 of the Finance Bill 2021…
Purchase of Properties in Malaysia by Foreigners With the blooming of the real property market in Malaysia, it is an ideal time for foreign investors to invest in the country. It is often said that Malaysia is still amongst the countries in Asia which has the most affordable property prices. Apart from that, with the…
The Differences Between a Conventional and Islamic Housing Loan and the Consequences of Default Regardless of whether you are a Malaysian or a foreigner, you are spoiled with choices of housing loans offered by banks in Malaysia, tailored depending on your needs. Most banks in Malaysia offer both Conventional and Islamic Housing Loan. How then…
This article aims to discuss the procedures to divorce when the whereabouts of the spouse is unknown. The only way to dissolve a marriage when the whereabouts of the spouse is unknown is to file for a single divorce proceeding. Section 106 of the Malaysia Law Reform (Marriage and Divorce) Act 1976 (hereinafter referred to…
The Strata Legislations provides for the maintenance and management of strata schemes and comprehensive procedures, scope of power and duties to different types of management bodies. Thus, it is essential for these different Strata Management Bodies to maintain and manage the subdivided buildings and their common properties in accordance with the statutory legislation [collectively “Strata…
The article seeks to discuss on the principles of AR Registered Post with reference to relevant case law and statute. What is AR Registered Post? Apart from the personal service, another method for service of court documents is by way of the AR Registered Post. AR Registered Post is a mail service offered by Pos…
What is small claims procedure? The small claims procedure is a relatively cheap, fast and easy way for parties to resolve some types of disputes in the Magistrates’ Court, generally without having to engage a solicitor. What is a “small claim”? A “small claim” is a claim for money where the amount in dispute or…
Introduction Most of the people think that when they have won the case, they will automatically be paid and that is the end of the case. Unfortunately, no, it is not. If the other side (judgment debtor) does not voluntarily pay, all you (judgment creditor) have is a piece of paper that says you are…
Introduction The COVID-19 crisis has fundamentally changed the way that we work on a day-to-day basis. Many common, everyday actions have become unsafe, inconvenient or even, impossible. For example, the execution of contracts and other documents which are typically required to be formalized in person by signing a ‘wet’ signature. This has become increasingly difficult…
Single Status Certificate/ Marital Status Statement: What, Why and How? View Chinese Version What is a Single Status Certificate/ Marital Status Statement? This is a document issued by Jabatan Pendaftaran Negara (JPN) (Malaysia’s National Registration Department”) as a certificate of confirmation of the single (marital) status of an individual. This certificate applies to non-Muslim Malaysian…
This article seeks to discuss about estate administration in Sarawak. In essence, there are two ways to administer a deceased’s assets, that is, by way of probate or letter of administration. Grant of Probate The pre-requisite of applying for a Probate to execute the deceased’s estate is that the deceased must have a valid Will….
Overview Malaysia is the 11th largest oil producing country in the world and the 2nd largest at this in South East Asia. Malaysia is blessed with its strategic location that enables it to grow its oil production industry due to it being spread across the South China Sea from the state of Kelantan in West…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Time Limit For Claims And Financial Limitations On Carriers’ Liability Under The Rules Time limit for claims The third paragraph of Art. III,…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules III – The Carrier’s Defences ‘Due Diligence’ Defence Under Art. IV, r.1 This is not a defence, strictly speaking, since if…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Hague-Visby Rules II – The Carrier’s Duties Period Covered By The Rules Under the terms of Art. II, carriers are subject to the…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Hague-Visby Rules I –Contracts To Which The Rules Apply Contract Of Carriage ‘Covered By A Bill Of…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Bill Of Lading As A Document Of Title Types Of Bill Of Lading A bill of lading…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Bill of lading as a receipt Apparent condition of the goods Printed forms of bills of lading…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Bill Of Lading As Evidence Of The Contract Of Carriage General rule: distinction between shippers and transferees…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Employment And Indemnity Orders as regards employment Employment refers to the employment of the ship (i.e. what…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Hire, Remedies For Non-Payment, ‘Off-Hire’ Clauses, Deductions From Hire And Liens On Freight And Sub-Freight Mode And…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Charter Period And Redelivery Charter Periods And Tolerances The most straight forward type of time charter is…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Nature of time charters, description of ship, delivery date and cancelling clauses Nature of time charters In…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Freight Delivery freight By the rule in Dakin v Oxley, freight is payable on the cargo delivered,…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Laytime And Demurrage Notice Of Readiness I: An Arrived Ship Unless the charter party contains special provision…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Voyage charter parties Shipowner’s Obligations As To The Ship To Be Provided Under The Charter Party A…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Owner’s Implied Obligations III – The Duty Not To Deviate From The Agreed Voyage Establishing the contractual…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored. Owner’s Implied Obligations II – The Duty To Provide A Seaworthy Ship Meaning of seaworthiness A ship…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, as restated by Chakra Thillainathan, the basis and elements of the Law Of The Carriage Of Goods By Sea will be explored in the following 17 parts. Owner’s implied obligations I – general principles…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Liability For Marine Pollution 1992 Civil Liability Convention The 1992 CLC and the 1992 Fund Convention apply to oil pollution damage caused in the…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Duties and liabilities of ports and pilots Statutory duties and rights of port authorities Harbour authorities have the power and the obligation under the…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Towage contracts The contract and basic terms Various standard forms of towage contracts are available. However, the arrangements under these forms are not restrictive…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. The concept of salvage 1989 Salvage Convention The 1989 Salvage Convention has the force of law under s.224 of the Merchant Shipping Act 1995…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Limitation Of Liability Scope Of The 1976 London Convention On Limitation Of Liability For Maritime Claims The 1976 LLMC and its 1996 Protocol are…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Civil Liability For Collision Damage Who May Be Liable? Standard Of Care And Burden Of Proof When ships collide, they are normally under the…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Criminal liability for navigational incidents Breach of the COLREGS A failure to comply with the COLREGS can, irrespective of whether a collision is actually…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Seamanship and the Collision Regulations (COLREGS) The COLREGS The COLREGS are a code of good practice endorsed by law. There are 38 Rules and…
The issues of child marriage have evolved over the year, which is evident through news and critics comment from academician through publishing articles. Nevertheless, child marriage is still allowed in Malaysia and just last year, as Malay Mail published on 4th December 2020, 543 child marriage cases, including applications were recorded. Section 2 of the…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship sale and purchase Negotiations stage and binding contract During the negotiations the parties owe no duty to make full disclosure of their position…
Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Shipbuilding contracts The contract The negotiations leading up to the contract formation are significant in ensuring what the parties want. The parties must not…
