The joint ownership headache

18 Jun 2018 / 15:05 H.

    RECENTLY there appeared an article in a daily proposing an amendment in the law to curb leasing to third parties. In my experience I have come across a number of cases which pose a greater problem – that of joint ownership. This problem has affected many co-owners of landed property throughout Malaysia.
    The provisions of the National Land Code state that in such cases both parties have to sign the necessary documentation to obtain the title deed and to deal with the property as in the case of a sale.
    Now there have been a number of instances where for a number of reasons (family quarrels, disagreements, death, or where one party has either been uncooperative or has disappeared and become uncontactable) this does not work.
    What is the other party to do?
    In one case I know the second party has been uncontactable for around 14 years. Even family lawyers and family members have not been able to contact the person. The person's whereabouts are unknown. Moreover, this party has not contacted the other to notify him/her of changes in address or phone numbers. In such a case the one maintaining the property, paying all the outgoings and taxes has been left without the title deed, and in this case, involving a condominium, also no voice in the management corporation. And of course no opportunity to sell his/her share of the property.
    Shouldn't the Land Code have a provision (like the statute of limitations) placing a time limit of some sort for the party affected by such cases to deal with such property without resorting to lawyers and the courts? Getting lawyers and the courts involved will be expensive and when the property is a middle- or low-cost one this is certainly not an option.
    So maybe the Land Code should be amended to allow the Land Administrator (after sufficient proof) to enable the affected party to obtain the title and also sell his/her share of the property, with the absent party's share going to the public trustee to await a claim by either the absent party or his/her beneficiaries to protect the absent party's rights.
    Aloysius B Marbeck
    Kuala Lumpur

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