tag:blogger.com,1999:blog-2989656264827489997.post8046805968153979559..comments2023-11-05T19:34:00.836+08:00Comments on Legal Cat-asthrophe: Malay Reserve vs. Bumiputra Unit (Property)Legal Cathttp://www.blogger.com/profile/04859476049440029616noreply@blogger.comBlogger97125tag:blogger.com,1999:blog-2989656264827489997.post-5068474141782917892017-09-18T15:39:19.966+08:002017-09-18T15:39:19.966+08:00Dear Mr Evans,
You have to discuss with the devel...Dear Mr Evans,<br /><br />You have to discuss with the developer and the State. They can impose any requirement and the best one for you to send them any prove of being a BUMIPUTRA.<br /><br />Regards,Legal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-86605389541172607082017-09-13T16:00:23.756+08:002017-09-13T16:00:23.756+08:00Hai there dear Sir,
I have a problem with this ma...Hai there dear Sir,<br /><br />I have a problem with this matter too. The story is quite long but I'll make it simple and short. Situation is I'm in Sabah<br /><br />I bought a BUMI LOT terrace house via auction. Before I made this action I had consult with my banker and ask her the terms of BUMIputra. According to her as long as I'm not Chinese and Indian. I am regarded as BUMI<br />Anonymoushttps://www.blogger.com/profile/02840768754408795096noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-68225010693389769532016-08-17T18:27:53.297+08:002016-08-17T18:27:53.297+08:00Hai Zeiyin Ong,
The answer to your first question...Hai Zeiyin Ong,<br /><br />The answer to your first question, yes, it does make the unit a Bumi Lot.<br /><br />The answer to your second question, the land office will reject the application but it is a freehold land hence an application can be made for the property to be sold to a foreigner unless the price is below the price set by the land office for such sale which is set by land offices in Legal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-48386677996002076542016-08-15T17:24:12.895+08:002016-08-15T17:24:12.895+08:00Hi Sir,
Glad to come across your article and the...Hi Sir, <br /><br />Glad to come across your article and the replies and query I'd read so far has been helpful. <br />I have an issue here whereby this property has been issued with strata title, no restrictions on the land, (developer do not allow for direct transfer in favour of next purchaser), and the developer confirms the owner has been given the 5% discount when he purchased this Anonymoushttps://www.blogger.com/profile/08623400552945631949noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-20820792667149450552016-08-12T11:33:20.937+08:002016-08-12T11:33:20.937+08:00Salam Azri,
The answers to your questions -
1) Y...Salam Azri,<br /><br />The answers to your questions -<br /><br />1) You can but subject to the developer agreeing to it. The problem is it is not the developer who sets the rule. Once it is bought by a bumi, a property is a bumi lot. It is set by the state which you buy the property from;<br /><br />2) Yes<br /><br />3) No. Once you take the discount it is a Bumi lot<br /><br />As a Bumi you areLegal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-31199650035209705112016-08-11T17:04:36.124+08:002016-08-11T17:04:36.124+08:00Hi Mr Khairul,
Im Azri here. A bumi here.
1.Can ...Hi Mr Khairul,<br /><br />Im Azri here. A bumi here.<br /><br />1.Can I choose to buy a non-bumi lot and willing to pay full price to the developer? Coz I heard that despite Im paying the full price, it is still will be considered as Bumi lot even if i dont want to.<br /><br />2. The bumi quota automatically applies to all Bumi owners regardless whether they want to be part of that quota or not?<Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-74440770686764664902016-07-11T12:27:03.254+08:002016-07-11T12:27:03.254+08:00Mr Kong,
1. As there is no need of any consent, t...Mr Kong,<br /><br />1. As there is no need of any consent, the transfer can be done as free as non-bumi lot<br /><br />2. It will not be an automatic success to get the consent from State Authority even if the 30% bumi quota is achieved. It is still up to the State Authority to give the consent or not regardless of the fulfillment of the 30% quotaLegal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-38283315157696627482016-07-08T04:27:35.590+08:002016-07-08T04:27:35.590+08:00Hi Mr Khairul,
I have few questions here.
1. If...Hi Mr Khairul,<br /><br />I have few questions here. <br /><br />1. If a freehold property is owned by a Bumi, wanted to sell to Non-Bumi, is there any consent required from developer or State Authority? Is that the transaction can be done as free as Non-Bumi Lot does? (Since transfer of freehold doesn't need the consent from State Authority)<br />3. For leasehold property owned by Bumi Konghttps://www.blogger.com/profile/07530238020146458041noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-75718507852018836772016-03-01T12:31:06.208+08:002016-03-01T12:31:06.208+08:00Hai William,
In most cases the seller will bear t...Hai William,<br /><br />In most cases the seller will bear the cost of consent to transfer if the land is a leasehold property. It is not ingrained as such but is how most property transaction involving such property is done. As it is is a subsale, it is up to both parties to come to an agreement. So, as you are negotiating, it can be done both ways.<br /><br />As for lawyer, I always advice bothLegal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-34121914589627142542016-02-29T22:47:22.899+08:002016-02-29T22:47:22.899+08:00Hi, Good Evening,
I have a question about MB Cons...Hi, Good Evening,<br /><br />I have a question about MB Consent. The seller in a non Bumi and I am a non-Bumi too. This is a landed property, lot house located in Pokok Assam, Taiping, Perak. It is a lease hold property. I was told that buyer to bare the cost of transfer on the MB Consent - I was told by the agent. <br /><br />Is it true it's the buyer to pay for the cost?<br />And will Williamhttps://www.blogger.com/profile/01102123336033497575noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-83732733707544286072015-12-29T17:00:11.428+08:002015-12-29T17:00:11.428+08:00Dear Anon,
Check with the developer who originall...Dear Anon,<br /><br />Check with the developer who originally sell the property or the local authority. Get the original SPA in lieu of an official title search at the land officeLegal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-54602903695529421112015-12-29T10:09:13.043+08:002015-12-29T10:09:13.043+08:00Dear Mr. Khairul,
There are some properties in KL...Dear Mr. Khairul,<br /><br />There are some properties in KL cannot be transferred from "Bumi owned company" to "non Bumi" company. Where and how do we find/confirm about this sort of restriction before signing SPA?<br /><br /> Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-58630059668938853232015-12-13T19:00:23.290+08:002015-12-13T19:00:23.290+08:00Dear Singaporean Anon,
1) The transfer is possibl...Dear Singaporean Anon,<br /><br />1) The transfer is possible but you may have to pay back the discount. Under Section 22D of the Housing Developer Act the developer cannot block the sale but may insist on the fulfillment of bumiputra quota hence the payment of the given discount;<br />2) Payments for a transfer may include the paying back of the 15%, the cost to transfer such as legal fees, Legal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-33731699752897564112015-12-13T16:58:02.636+08:002015-12-13T16:58:02.636+08:00Hi Mr Khairul
I am a Singaporean and bought a bu...Hi Mr Khairul<br /><br />I am a Singaporean and bought a bumi lot using my mothers's name. The unit was given a 15% discount. Now i am keen to do a transfer of the ownership to myself. Appreciate if you can advise me on the following issues.<br /><br />1. Is the transfer to my name possible? If yes,<br />2. Are there payments involved, and if so what are the cost? And<br />3. What àre the Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-52771837768517861302015-07-20T20:02:57.840+08:002015-07-20T20:02:57.840+08:00Hi Mr Khairul
Thank You for your reply :)Hi Mr Khairul<br /><br />Thank You for your reply :)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-7244297543097748432015-07-20T12:05:52.957+08:002015-07-20T12:05:52.957+08:00Hai Tan Wei Peng,
I believe you can purchase the ...Hai Tan Wei Peng,<br /><br />I believe you can purchase the property easily and get to own the property when the strata title comes out. I have done it for a few clients in the same situation as yours with no problem. Look for a lawyer who knows how to do the appeal and handle the sale and purcase.<br /><br />Hai Elly, <br /><br />Your problem is not that easy as this involves discussion with Legal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-65131686449495796472015-07-18T21:34:34.823+08:002015-07-18T21:34:34.823+08:00Hi Mr Khairul,
Selamat Hari Raya.
I'm Elly, ...Hi Mr Khairul,<br /><br />Selamat Hari Raya.<br /><br />I'm Elly, planning to get a house before get married.<br />But, there is a problem occured as my boy friend is a bumi and I'm a non-bumi.<br />So, we cnt get bumi discount if we buy a house under both name (bumi + non-bumi)<br />Unless, the house is under his name and the loan is under both of our name.<br />But, there are some Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-78359666147866455042015-07-17T18:36:04.865+08:002015-07-17T18:36:04.865+08:00Hi Mr Khairul, below is my situation now, going to...Hi Mr Khairul, below is my situation now, going to buy a:<br /><br />1) Leasehold<br />2) Master Title<br />3) Non Bumi Lot / Non Bumi Reserve<br />4) Bumi Quota<br />5) Current owner bumi, I am non bumi<br />6) For own stay at least 5 years and above<br />7) Townhouse at Selangor<br />8) Owner migrated<br />9) Still left 94 years lease<br /><br />If I proceed with the transaction will I face Anonymoushttps://www.blogger.com/profile/18099701793174859918noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-2588651507755960492015-04-27T15:27:09.712+08:002015-04-27T15:27:09.712+08:00John Lee,
Your questions were answered in my firs...John Lee,<br /><br />Your questions were answered in my first answer and it is getting too detail. I advice you to get professional help in the form of a lawyer to answer all your questions or buy my second book 40 More Questions Your Should Ask Your Lawyer Before Buying A Residential Property in Malaysia as I have answered all the questions you are asking in it. Your basic understanding is Legal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-54221572152400735662015-04-22T19:48:14.937+08:002015-04-22T19:48:14.937+08:00Dear Khairul,
Thank you for your quick reply, now...Dear Khairul,<br /><br />Thank you for your quick reply, now I much clearer on my case and more confident to proceed with purchasing.However i still have few enquiries on it.<br /><br />1.Is there any possibility if onwer had pay back that 7% to lembaga, but during process of "pindah milik", lembaga or menteri besar dont want to approve?<br /><br />2.if lembaga had release this John Leenoreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-13783033682580742242015-04-21T12:37:25.899+08:002015-04-21T12:37:25.899+08:00Hai John Lee,
Let me answer you question by quest...Hai John Lee,<br /><br />Let me answer you question by question :<br /><br />1. If the owner really pay back the 7% to lembaga, will the name transfer process still will have any barriers?<br />No, that is if the Lembaga release that particular unit from being a bumiputra lot<br /> <br />2. Will the name transfer will be much more difficult compare to normal case which non bumi to non bumi?<br />Legal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-18802459531352018472015-04-20T20:44:11.191+08:002015-04-20T20:44:11.191+08:00Dear Khairul,
Im John, recently I bought an apart...Dear Khairul,<br /><br />Im John, recently I bought an apartment in cyberjaya, selangor from a malay owner. It is an freehold but with sekatan kepentingan, still under master title. He claim that it is a non bumi lot unit. Thus when I sign for the SnP, I requested him to sign for an additional acknowledgement letter, where comfirm it is a non bumi lot, if not need pay us back 10% of our depositeJohn Leenoreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-11669791687058663372015-03-13T21:53:05.651+08:002015-03-13T21:53:05.651+08:00Koo,
Get a copy of the title from the developer/...Koo, <br /><br />Get a copy of the title from the developer/management office or ask the seller to do itLegal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-79613218527919509702015-03-13T20:38:48.233+08:002015-03-13T20:38:48.233+08:00Hi Khairul,
Thank you for the courteous reply. It...Hi Khairul,<br /><br />Thank you for the courteous reply. It means a lot to me at this confused moment.<br /><br />The strata title has been out and the management office told me that it's a bumi lot but the owner is unsure of this. So could it be that the developer designated this specific unit as bumi lot some 15 years ago? If this is the case, would it make it more difficult for me to sellNeil HSiang, Koohttps://www.blogger.com/profile/03926106127245135543noreply@blogger.comtag:blogger.com,1999:blog-2989656264827489997.post-44984453499132817192015-03-13T19:52:11.744+08:002015-03-13T19:52:11.744+08:00Koo,
Go to the land office where the house is sit...Koo,<br /><br />Go to the land office where the house is situated, ask their help to conduct a land search or pay a lawyer or a runner to do it for youLegal Cathttps://www.blogger.com/profile/04859476049440029616noreply@blogger.com