Abstract
The concept of indefeasibility of title and interests is central in any Torrens System of land registration. The Torrens System provides the concept of indefeasibility wherein all registered title and interests are guaranteed by the State to be good against the whole world in the absence of fraud or other vitiating circumstances statutorily specified or judicially laid down. Section 340 of the National Land Code 1965 provides for the concept of indefeasibly. The 2000 case Adorna Properties Sdn Bhd v Boonsom Boonyanit decided by the Federal Court was no longer good law pursuant to the judgment of the Federal Court in the case of Tan Ying Hong v Tan Sian San & 2 Ors delivered on Thursday 21 January 2010 wherein deferred indefeasibly concept has been reinstated. There is a loophole in the National Land Code in relation to the prevention of fraud and forgery. The Land Department is embarking on a long journey in efforts to amend the Section 340. Malaysia only have the mirror and curtain principles and lack the insurance principle that provides an avenue of indemnity for loss of rights and interest on a registered property due to fraud and forgery pursuant to creation of an assurance fund is a major step in restructuring our land administration the banking practice.
Metadata
Item Type: | Student Project |
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Creators: | Creators Email / ID Num. Anak Agam, Catherine 2006210366 Mansor, Faizura 2006494972 Awang Besar, Mastini 2006494965 Abdul Rahman, Zirwatul Hanan 2006216347 |
Contributors: | Contribution Name Email / ID Num. Thesis advisor Surip, Ruzilawati UNSPECIFIED |
Subjects: | K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > Economic constitution, policy, planning, and development |
Divisions: | Universiti Teknologi MARA, Shah Alam > Faculty of Law |
Programme: | Bachelor in Legal Studies (Hons) |
Keywords: | Indefeasibility, The Torrens System |
Date: | April 2010 |
URI: | https://ir.uitm.edu.my/id/eprint/28607 |
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