The proviso to section 340 (3) of the national land code 1965: A study
The aims of the Torrens system are to provide for simplicity, certainty of title and registration of titles and interest. In other words, under the Torrens system, section 340 (1) of the National Land Code (NLC) only gives the indefeasibility upon the persons who deal with a person who actuall...
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| Main Authors: | , , , |
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| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
2018
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1344/1/FH03-FUHA-19-23006.pdf http://eprints.unisza.edu.my/1344/2/FH03-FUHA-19-23007.pdf http://eprints.unisza.edu.my/1344/ |
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| Summary: | The aims of the Torrens system are to provide for simplicity, certainty of title and registration
of titles and interest. In other words, under the Torrens system, section 340 (1) of the National
Land Code (NLC) only gives the indefeasibility upon the persons who deal with a person
who actually registered on the register. Indefeasibility under the NLC 1965 is not absolute
and there are exceptions provided in section 340(2) of NLC ie fraud, misrepresentation,
forgery, insufficient or void instrument and unlawful acquisition. Under section 340(3)(a) or
(b) of NLC, the person who title has been challenged, if he had created a subsequent
registered transfer or interest on the land, the new owner still does not possess indefeasibility.
The title or interest still defeasible. Then, if the new owner will have to prove that he had
acted bona fide for valuable consideration for the title, then he will be protected by the
proviso to section 340(3) of NLC. The proviso to section 340(3) applies only to the
subsequent transferee and not the first transferee. The purpose of this article is to identify the
criteria used by the courts in classifying that person as bona fide purchaser, the position and
the remedy of the bona fide purchaser in land matters. The methodology used in this study is
a library based research which includes document analysis, such as the decided cases, book
and articles. This study also discusses some suggestions for improvement and outcome to
ensure the interests and rights of the parties involved. |
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