Activity

Q.
What are security dealings and what are the types of security dealings in land matters?

A.
Security dealings are transactions in respect of alienated land where the registered proprietor of an alienated […]

Q.
If a tenancy cannot be registered, how can a tenant protect his interest on land? For example, if a tenant is asked to move out by the new landlord, what is his chance of winning an appeal?

A.
A tenancy […]

Q.What are the characteristics of Lease and what are the differences from Licence?A.A lease has 3 essential characteristics.the lessee is given the right to exclusive possession of the land so as to exclude all […]

Q.
What are the characteristics of Lease and what are the differences from Licence?

A.
A lease has 3 essential characteristics.

the lessee is given the right to exclusive possession of the land so as to […]

Q.
What are the restrictions in creating a lease?

A.
There are several restrictions on the power to create a lease.

General restrictions are:

prohibition or limitation imposed by the National Land […]

Q.
What are the procedures of registering a lease?

A.
The proprietor and lessee are to execute Form 15A in respect of creating a lease while Form 15B is used for creating a sub-lease.

Both parties are to […]

Q.
What is lease and what is tenancy?

A.

A lease is a type of dealing recognised under the National Land Code, 1965 whereby the registered proprietor allows a lessee to occupy the land for a specified […]

Q.
What are the procedures of application for easement?

A.
Section 286 of NLC, 1965 provides that the grant of easement shall be affected by an instrument in Form 17A or in the case of the cross-easements of […]

Q.
Why creation of easement is important?

A.
Under the National Land Code 1965, in Section 286, an easement can only be created by express grant. It must be registered and executed using specific instruments […]

Q.
Name 4 essential elements for the creation of an easement.

A.
The 4 essential elements are:

There must be a dominant and servient land. The owner of the dominant land obtains an enhancement or […]

Q.
What is/are the provision(s) under National Land Code for easement?

A.
Section 205 of NLC has classified easement as part of the dealings thus it has to be governed according to the provisions of the […]

Q.
What is Easement?

A.
An easement is a right or privilege given to a registered proprietor of a piece of land (dominant tenement) to utilise another piece of land (servient tenement).

There are two types of […]

Q.Who are valuers and what are their purposes?A.The first and foremost role played by a valuer is providing services and advice on property value, in the form of how much worth is such property or land in monetary […]

Q.What is ‘Interpretation of Law’? Provide cases which illustrate the different interpretation of law.A.There is a good article by a Chinese Lawyer entitled “Interpretation of Law”.

Q.Can Zakat be deducted from Corporate Tax in Malaysia?A.Yes, companies are allowed to utilize Zakat payments as tax deduction in Malaysia.For company, effective from YA 2005, the Government had allowed the amount […]

Q.
How is Zakat treated in calculating for Income Tax? Provide an illustration to explain the treatment of Zakat in Income Tax Act, 1963.

A.
Income Tax Act 1963 provides that Zakat and Fitrah is allowable as […]

ISLAM IN MALAYSIA TODAY AND ITS IMPACT
“The practice of Shariah Laws in Malaysia”
by
ZAITOON DATO OTHMAN
(from: Muslim Lawyers Net)

Before I talk on the practice of Islamic laws in Malaysia today, I would l […]

Q.
How does Islamic Law affect ownership and transfer of Properties?

A.
This is a question which may be asked in paper ‘Laws relating to Property’ as in syllabus “Muslim law on distribution of landed […]

Q.English Law and Equity is not in contradiction with Torrens System. Briefly provide your view.A.The Civil Law Act 1956 expressly provides under Section 6 that English Law and Equity does not apply in Malaysia […]

Q.
List out the provision which provides the non-application of English Land Law. Why is it so?

A.
MIA QE 2013/3 Q1 asked about extend of application of English Common Law and Rule of Equity as applied in […]