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Perwira Habib Bank Malaysia BHD V Loo & Sons Realty SDN BHD (1996) 4 CLJ 171
Perwira Habib Bank Malaysia BHD V Loo & Sons Realty SDN BHD (1996) 4 CLJ 171
5.1 Definition
Non-registrable dealing:
Sec 206(2)(b): Though subsection (1) required every dealing under the act to
be registered, subsection (2) provides that the creation of liens are an
exception to that requirement.
Sec 281(1)(a): A person is entitled to a lien over the land or lease upon the
deposit of the IDT as security for a loan, and the entry of a lien-holder’s
caveat.
Sec 281(1)(b): If a judgment of amount due to a lien-holder has been obtained,
he can apply to the court for order for the sale of the land.
Sec 330: Creation and effect on lien-holder’s caveat. Upon the depositing as
per Sec 281 and application to Registrar for a LH caveat in respect of the land
in question, then only the application will be in Form 19D and attested as
required in Sec 211 with a prescribed fee.
The registrar will enter the caveat along with the time of receipt and serve a
notification on Form 19A on the proprietor, as long as it is not encumbered by
other interests (earlier caveats or charges etc).
Sec 343(3): Normally in cases of co-proprietor, if there’s no agreement as to
who keeps the IDT, the Registrar will keep. The Registrar can make a copy
upon payment of a fee and endorse the date with a signature certifying it to be
a copy meant for the named co-proprietor.
Sec 343(6): Such a copy, if used to create a lien, is by subsection (6) is
recognized to be the required IDT in respect of a lien created on the undivided
share of the co-proprietor.
5.2 Creation of Liens – s 281
3 pre-requisites.
Perwira Habib Bank Malaysia Bhd v Loo & Sons Realty Sdn Bhd [1996] 4 CLJ 171.
5. Determination of Liens
Sec 331 – Lien-holder’s caveat ends with notice of withdrawal (loan repaid),
registration of certificate of sale, and application to court. Involuntary act by
the lien-holder to return, then go to registrar and proof that the money has
been fully paid