Chapter 1: Land Dealings and Conveyancing =) thus equitable principles may be applied

under the NLC where:

Kimlin Housing Development Sdn Bhd (in
-introduction:
Liquidation) v BBMB & Ors
=) Torrens system in Malaysia
~where there is a valid enforceable contract
=) Teh Bee v Maruthamuthu
Yong Tong Hong v Siew Soon Wah
everything must be registered
~where third party rights have not been
=) application of English principles of Land Law intervened
in Malaysia:
Wan Salimah Wan Jaffar b Mahmood Omar
S. 3 Civil Law Act 1956:
~the lease agreement was as good as an
S. 6 Civil Law Act 1956: agreement enforceable in equity

Devi v Francis ~ordered D. to sign Form 15A as contracted

~held: law of England is one thing and equity

another, S.3 (1) CLA 1956 expressly
-sample title:
provides that the courts may apply the
common law of England and the principles
of equity where the facts justify
=) need proper instruments to register any =) married/
dealings, but if not, it’s still legal, that’s where single, profession
equity comes in, but protection under NLC
not provided then
=) S. 206 (1) NLC: Subject to the following
provisions of this section-
(a) every dealing under this Act shall be
effected by an instrument complying with the
requirements of sections 207 to 212; and
(b) no instrument effecting any such dealing
shall operate to transfer the title to any
alienated land or, as the case may be, to
create, transfer or otherwise affect any
interest therein, until it has been registered
under Part Eighteen
=) S. 206 (2): The provisions of sub-section (1)
shall not apply to-
(a) the creation of, or other dealings
affecting, tenancies exempt from registration
(which may be effected, instead, as
mentioned in subsection (2) of section 213); =)
or PDPA not applied for
personal information, only for commercial
(b) the creation of liens (which may be
created, instead, as mentioned in section =) Professional Indemnity Insurance: to make
281) sure that you are who you say you are
=) S. 206 (3): Nothing in sub-section (1) shall
affect the contractual operation of any
transaction relating to alienated land or any
interest therein
-introduction to conveyancing practice:
=) S. 340 (4) (b): registration to confer
indefeasible title or interest, except in certain
circumstances: fraud, forgery,
misrepresentation, void or insufficient
instrument
=) if fraud, etc. happens, solicitors will need to
pay compensation themselves, even though
got insurance, insurance companies will not
pay insurance if don’t follow checklists and
what not, disciplinary actions will be taken
=) Boonsom Boonyanit v Adorna Properties S/B
=) Au Meng Nam & Anor. v Ung Yak Chew &
Ors
=) Tan Yin Hong v Tan Sian San & Ors
=) AGS Harta Sdn Bhd v Liew Yok Lin
=) Ngan Siong Hing v RHB Bank Bhd
=) Shayo (M) Sdn Bhd v Nurlieda bt Sidek &
Ors
=) Yap Ham Seow v Fatmawati bt Ismail & Ors
bona fide purchaser for value has good title
file handed to another, sub-sale,
replacement title deed, signing by power of
 attorney, launch investigation according to
checklist and beyond that
look at warning signs how could lawyer
avoid the problem
=) Kamarulzaman bin Omar & Ors v Yakub bin
Husin & Ors
FC: on the facts of the case, that the title
acquired by the purchasers was defeasible
notwithstanding that they were bona fide
purchasers for valuable consideration without
notice of the defeasible title of the vendors
=) Rajamani A/P Meyappa Chettiar v Eng Beng
Development Sdn Bhd Ors
P. was the registered proprietor and lawful
owner of a parcel of land known as EMR
6527 ("the land") until she was deprived of
her rights over the land in a "land scam case"
original title with P. not a bona fide
purchase, title restored to original registered
proprietor
=) Seah Moon Hing and 6 Others v Liman Ak
Sujang and 2 Others
negligence in professional conduct of a
conveyancing transaction owing to a fraud by
a third party- professional indemnity
insurance repudiated for non- disclosure of
material facts
=) S. 206 (4): Nothing in this section shall
prejudice or prevent
(a) the exercise in respect of any land or
interest of any power of forfeiture or sale
conferred by this Act or any other written law
for the time being in force, or any power of
avoidance conferred by any such law or
(b) the determination of any title or interest
by operation of law
Ong Chat Pang Anor v Valliappa Chettiar
~term ‘operation of law’ is a generic term
deliberately used by the legislature to grant
relief in cases where contractual or
conscientious obligations (importing a
breach of duty to which equity has attached
its sanction) are undertaken by or imposed
on the registered proprietor either at law or
in equity
Krishanadas a/l Achuthan Nair Ors v
Maniam a/l Samykano
~FC adopted a very wide interpretation of
the term ‘operation of law’ Parliament
enacted S. 340 (4) (b) for the purpose of
dealing with fact patterns that do not fall
squarely within the other exceptions to
indefeasibility in S. 340
-dealings in land and conveyancing aspects:
=) meaning:
‘conveyancing’ includes sales and transfers
of immoveable property, leases & tenancies,
charges, debentures & other security
documents, discharge of charge and other
non-contentious business
S. 5 NLC: definition of dealings
S 209 (1): specific prescribed forms as
provided in the 1st Schedule are required for
transfers, leases, charges and easements
and these must be registered
S. 214: what can be transferred
S. 292: instruments capable of being
registered and mode of presentation for
registration
Form 14A to 17C
-sale and purchase of land:
=) conveyancing practice is an area of law with
highest percentage of practitioners in
Malaysia:
the highest number of complaints received
by the Bar Council from the general public
the highest number of Professional
Indemnity Insurance (PII) claims and
the highest Disciplinary actions
-limitations on counsel’s authority to act:
=) developer sale: buy from developer straight
=) sub-sale/ private sale: sale between 2 private
individuals, sale of land or house
=) purchaser: wants to buy from proprietor
=) vendor: registered proprietor
=) in a sale and purchase of property you will
have a vendor and purchaser
=) additionally, the purchaser would normally
need financing as such he would be obtaining
a loan from a bank
=) if one Solicitor were to act for more than 1
party or all parties it would give rise to a
situation of conflict of interest in terms of
confidentiality and serving the best interests
of the client are concerned
can’t act for both parties, choose 1 party,
usually go for purchaser, cause they will pay
for lawyer’s fees
but can prepare SPA and witness vendor
signature, but no charging of SPA or
witnessing
clear the grounds that you are acting for
purchaser, advice to get independent advice
from another lawyer
but if property is high value, then will have
each lawyers
avoid conflict of interest or breach of
confidetionality
=) S. 84 LPA 1976: prohibits a Solicitor acting
for a housing developer from acting for the
purchaser as well
can get independent lawyer, not from
developer’s panel of lawyers, developer
cannot charge for SPA
=) O.7 Solicitors Remuneration Order 2005:
prohibits one Solicitor from acting for more
than one party
one lawyer for one party in a transaction
ex: lawyer A acts for purchaser, purchaser
need bank loan, go to Bank Z get loan,
lawyer A can be panel lawyer, if not, will get
lawyer B/ agree to engage with lawyer A to
give ad hoc work (one work), lawyer A
appointed as lawyer from bank to take care of
bank transaction, now act for bank’s solicitor,
purchaser not represented anymore, have 2
roles now, in SPA for purchaser, in loan for
bank, purchaser pays for both SPA and loan
=) examples of clauses that can be in a SPA:
The Purchaser is represented by M/s ABC
CO, Advocates and Solicitors, No 123 Jalan
A, 75450 Melaka (hereinafter referred to as
"the Purchaser's Solicitors")
The Vendor is not desirous of engaging an
independent solicitor to act for him and
instead the Vendors has requested the
Purchaser’s Solicitors to attest to the
execution of all documents, including this
Agreement, by the Vendors and to be the
Stakeholders for the parties for the purpose
of this Agreement and to do such other
matters as hereinafter stipulated The Vendor
hereby agree to render his best assistance to
the Purchaser’s Solicitors in completing this
sale and purchase transaction
=) Bar Council’s Conveyancing Practice
Rulings: Part IV: Preparation of Sale and
Purchase Agreements
16: Vendor's Solicitors not to charge fee for
supply of Sale and Purchase Agreement
~The Vendor's Solicitor shall prepare and
supply the Sale and Purchase Agreement
unless otherwise mutually agreed by the
parties. The Solicitors preparing the Sale
and Purchase Agreement shall not charge
for supplying the Sale and Purchase
Agreement
17: Solicitor not to charge separate fees for
preparing the Agreement in addition to his
scale fees
~Solicitors shall not charge his own client
additional sum for the Agreement as the
scale fee under the Solicitors' Remuneration
Order 1991 includes the charges for the
Agreement
only charge for other things
-Anti- Money Laundering, Anti- Terrorism
Financing and Proceeds of Unlawful Activities
Act 2001:
=) if know suspicious transactions, report it,
because a law firm is a reporting institution
=) fill up at Bank Negara website, declaration
that you reported, for renewal of Sijil Annual,
file Anti- Money Laundering declaration
=) 99% of buyers go for bank loan, but minority
of Purchasers say that they don’t need loan,
pay with cash, comes from foreign purchaser
very often, not PR, from overseas, tell that we
don’t accept cash payment, open account
and ask bank to release money according to
schedule, to protect lawyers from fraud
 =) law firms are ‘reporting institutions’ under this
act
=) S. 14 (1): A reporting institution shall
promptly report to the competent authority
(a) any transaction exceeding such amount
as the competent authority may specify
(b) any transaction where the identity of the
person involved, the transaction itself or any
other circumstances concerning that
transaction gives any officer or employee of
the reporting institution reason to suspect that
the transaction involves proceeds of an
unlawful activity or instrumentalities of an
offence
(c) any transaction or property where any
officer or employee of the reporting institution
has reason to suspect that the transaction or
property involved is related or linked to, is
used or is intended to be used for or by, any
terrorist act, terrorist, terrorist group, terrorist
entity or person who finances terrorism
-stakeholders:
=) neutral party, governed by Stakeholders
Rulings, cannot take money from them or
interest earned unless he has given a bill for
his stakeholding duties
=) in the past, redemption sum against damage
or repair to property, lawyer will put 2% in FD,
keep interest for themselves, wrong, now can
bill Vendor for this, Vendor cannot keep
interest, must give to Purchaser, under
agreement, Vendor only gets purchase price,
in practice will ask extra, Purchaser give
more in legal fees and purchase price
=) Bar Council Rulings 14.10:
(1) Solicitor to pay interest on monies held
as stakeholder
~where an Advocate and Solicitor holds
money as a stakeholder (whether or not
such money is paid by a client of the
Advocate and Solicitor) the Advocate and
Solicitor shall pay interest in accordance
with the Solicitors’ Accounts (Deposit
Interest) Rules 1990 to the person to whom
the stake money is paid unless otherwise
agreed
(2) Fee for acting as stakeholder
~Solicitor is entitled to charge a fair and
reasonable fee for acting as a stakeholder
(3) Terms of stakeholding to be strictly
adhered to
~A Solicitor acting as stakeholder for 2 or
more parties must strictly adhere to the
terms of the stakeholding at all times. No
money or document held by a Solicitor as
stakeholder shall be released, utilised,
applied or otherwise dealt with by such
Solicitor except in accordance with the
terms of the stakeholding or with the
express written consent of all relevant
parties. For example, a Solicitor holding the
final 5% of the purchase price under a sale
and purchase agreement prescribed by the
Housing Development (Control and
Licensing) Regulations 1989 must not (for
whatever reason) release the same before
the expiry of the stakeholding period(s)
and/or in contravention of Schedule G
Agreement or Schedule H Agreement as
the case may be
=) Housing Development (Amendment)
Regulations 2015 Reg. 11 (12): No person,
including parties acting as stakeholders, shall
collect any payment except as prescribed in
contract of sale
=) Lai Kee Ping v. Tay Hup Lian
held: stakeholder is a trustee, breach of
stakeholding terms is also a breach of trust,
stakeholder does not hold funds in a
contractual or quasi contractual capacity
=) Lau Teck Seng @ Lau Beng Chong v SK
Song
HC: although Solicitor acting for the Vendor,
owed a duty of care to the Purchaser against
fraudulent vendors, has to compensate
Purchaser for loss or breach of stakeholders
undertaking
stakeholder money given to fraudulent
vendor, unknown to other, given to 3rd party,
compensate Vendor and Purchaser
=) G Balan Govindasamy v Lee Moi Moi
Solicitor who acted for a bogus vendor was
sued for breach of warranty to act and breach
of solicitor’s duties as a stakeholder
COA: no evidence that solicitor was aware
identified the bogus vendor, thought getting
instructions from the true owner
 on the facts no justification to extend the
duty of care/ scope of implied warranty of
authority made by the solicitor
not aware, not negligent, court refused to
extent duty of care to Purchaser, not that
good, but COA ruling
if question like this, can give own opinion
-process of Sale and Purchase:
=) duty of the Solicitors to ensure that the
obligations of the Vendor and Purchaser are
clearly explained to the respective parties and
spelt out clearly in the Sale Purchase
Agreement (SPA)
=) sale of property may be classified as private
sale or under the Housing Developer’s Act
=) procedure to be followed under both is the
same, it is the format and contents of the
contracts that will differ
=) generally:
vendor’s duties:
~to give a good title
~give vacant possession of property upon
transfer within specified time
~perform all other obligations incidental to
the transfer within the specified time
purchaser’s duties:
~pay the purchase price within the specified
time
~accept the transfer free from encumbrances
(no Vendor charge or caveat)
~perform all other obligations incidental to
the transfer within the specified time
-stages in SPA:
=) summary of Praktis checklist:
acting for Vendor
1) date of instructions:
client will go “shopping” for lawyers, once
choose one, client need to sign retainer
2) particulars of parties:
names, IC, address, telephone, etc.
vendor/ purchaser/ estate agent, citizen or
non- citizen (PR citizens non)
do thorough background check, cross check
personal documents with quit rent, IC or
driving license to see who the real registered
proprietor is
cross check name, IC, address, citizenship,
bills (electricity and water), phone bills, quit
rent and assessment and verify they say who
they are they say
a lot of scams happening, use common
sense to check whether correct person or not
3) particulars of agents, if any:
real estate agent, or anyone with Power of
Attorney (relatives getting information for you
or anyone else), who have Power of Sale,
must be registered in HC, make Search
Registry of POA is valid or not
POA: only for citizens, if Vendor or
Purchaser is non-citizen, cant act through this
4) is property occupied:
vacant possession
possession as is
tenancy
illegal occupation
5) particulars of Purchaser’s Solicitors/
representatives
6) particulars of property:
type of title, address, encumbrances/
restrictions on title if any, freehold or
leasehold or assignment
types of title deeds:
~replacement: very easy to create this, most
often fraudsters create one this way, original
title lost, make police report and statutory
declaration and make new title (must check
whether details are correct, do background
check)
~computerised: convert paper title to original
title, need to surrender paper title, check
whether converted or not or is original title
lost
 ~can’t have 2 titles lying around!! Check with
RP on changes on titles
7) selling price:
various schemes, Vendor may underquote,
need to pay RPGT (5% usually), ex: property
value now is RM 1m., bought for RM500K
last time, Vendor may sell for RM800K, ask to
give balance RM200K under table, but
Purchaser may want to show higher price on
SPA to get higher loan, CANNOT, breach of
professional ethics and may get disbarred
8) deposit:
10% of purchase price
developer sale: statutory agreement, check
HDA all the time, developer only can ask for
prices only in HDA
last time can charge booking fee (1%- 3% of
purchase price), will be forfeited to developer
if sale don’t go through, developer may
disappear with money, now cannot have
booking fee, if got can report, SPA terms
cannot change
9) correspondence between parties:
10) preparation of draft of SPA for approval by
Purchaser’s Solicitors:
usually by Vendor
Vendor may not be represented because
don’t want to pay legal fees, if Purchaser got
lawyer and they pay for them, Purchaser
Solicitor too can witness sign of Vendor
without any fees, can give general advice if
asked too, even though only one Solicitor can
represent one party per transaction, to avoid
conflict of interest
11) is property charged:
Vendor take up loan but haven’t complete
payment yet
redemption sum: pay back money that
hasn’t been paid yet, to get rid of charge
bank, Solicitors, Letter of Authority from
Vendor to request redemption sum from
Chargee bank
12) payment of redemption sum and Discharge
of Charge
13) completion date:
3 months + 1 month (grace period, pay
interest during this month)
developer won’t sell completed houses, sell
and build concept, at the stage progress
completion, then only bank will release
payment to developer
14) RPGT:
tax on profit of sale on Vendor
CKHT forms (Borang 1 and 2) to be filled,
get all info, if private sale: what price he
bought property on what date, and when he
want to sell now, so that can see profit he
will gain
both Vendor and Purchaser will file
exemptions: 1st property selling or another
one later on that want to sell, rates change
every year
retention sum of 3% of profit by Solicitor,
apply for CKHT, pay balance, stamp duties
rates keep changing
stamp duty exemption: 100% exemption
given to loans for buying residential
properties up to RM300,000 under Skim
Perumahan Rakyat 1Malaysia (SPA
executed from 1/1/2012-31/12/2016)
15) both Solicitors must ensure that all
documentation have been correctly
executed:
aware of timeline
Purchaser execute SPA by paying 10%
deposit, then Vendor will execute SPA
developer sale: date of sale is when 10%
deposit paid, very often Purchaser Solicitor
don’t put that date, either will put date of
signing the SPA or stamping date, but we
must insist on this to avoid delay in delivery
of possession because most often
Purchaser Solicitor are on the developer’s
panel, will help developer then
acting for Purchaser (similar steps as for
Vendor)
1) date of instructions
2) particulars of parties:
citizenship: check EPU Guidelines below
3) non- citizens:
 generally more than RM1m., now because
of MCO, got new threshold for different zones
and property, maybe lower or higher
16) submit application for valuation of property
ex: buy units unsold of condominium
RM600K in KL
17) prepare for registration:
check policy, changes for limited period
S. 433A NLC: non- citizen: natural person
who is not citizen of Malaysia
S. 4 (1) Companies Act 1965: foreign
company
S. 433B NLC: get consent from State
Authority first
4) particulars of agents
18) RPGT CKHT forms to be filled
5) property occupied:
=) pay 10% deposit, but balance price keep for
vacant possession or as is
6) particulars of Vendor Solicitors
7) particulars of property
8) selling price
9) 1st title search:
=) why registration takes so long:
before SPA signed by Purchaser, by
Purchaser Solicitor
optional: advise on town planning search (do
at Majlis), future compulsory acquisition,
zoning (usually don’t do all these because
pay more)
need to do 2 title searches (before signing
SPA and before documents presented for
registration by bank’s solicitors) and 1
insolvency search (bankruptcy or winding up
search)
10) deposit paid:
lodge caveat right away to protect
Purchaser’s interest, prevent Vendor from
dealing with property with others
11) correspondence between parties
12) collect quit rent and assessment receipt
13) peruse draft SPA from Vendor Solicitors
and take instructions from client:
terms for payment of balance of purchase
price
14) execute approved SPA
15) Purchaser apply loan, bank may use same
or different Solicitors based on their panel
and assess stamp duty
Form 14A, send SPA and 14A to Stamp
Office for checking of stamp duty
present 14A, SPA, stamp duty assessment
and fee, charge Form 16A with stamp duty
and fee and quit rent receipts
instrument of transfer must be presented for
registration within 90 days from its date,
otherwise got penalty
first 5-10 days, registration happens for 3-6
months, within 10 days will tell whether
documents are correct or reject them, be
careful with money, once give money get
receipt! Same with stakeholder retention sum
also, keep for a period first
land registry must check details before
endorsing name of Purchaser on title (more
than 1 month)
title given back to Purchaser or Purchaser
Solicitor
upon execution of transfer form by Vendor
and Purchaser, submit to stamp office for
adjudication
application will go to valuation department
(more than 1 month), then will inform on
stamp duty to be paid
Purchaser must pay within 30 days from that
notice, otherwise got penalty, or can appeal
as to amount need to be paid
solicitors will stamp transfer form at stamp
office
stamped transfer form, original title and
other documents will be sent to Land Registry
for registration
solicitors must hold portion of RPGT for the
Vendor to Government from balance of
purchase price
=) fraud happens all the time, to overcome
these are some suggestions put forward by
Hamid Sultan Abu Backer:
no payment of purchase price to be paid in
name of solicitors
all payments of purchase price paid by
cashier’s order in name of Vendor
stakeholder solicitor to be authorised by law
to put forward cashier’s order to bank and
instruct bank to liquidate sum and hold it in a
deposit to earn interest in name of Vendor recent development on RPGT
release payment as directed by stakeholder:
~principal sum released in name of Vendor
minus RPGT
~retention sum for RPGT paid directly to
Government, any balance paid as instructed
by stakeholder
~interest accrued released in name of
person according to instruction
~if SPA cancelled, money with interest
returned to bank in name of Purchaser
=) Real Property Gains tax (RPGT) for
Individuals: Overview
RPGT: tax on profit of sale, charges a lot on
vendor
difference between RPGT and Retention
sum for RPGT? recent development on RPGT for individuals
(non- citizens hold 7% first, give clear bill to
client, interest go to client, but if want to
charge, give separate bill)

recent development on RPGT for individuals

=) recent amendments to RPGT Act 1976:

new S. 21B (1A): duty of the property buyer
to withhold part of the consideration and remit
it to Inland Revenue Board of Malaysia (IRB)
before the new section was introduced in the
Act, the person who buys the property is
required to withhold 3% of the cash
 consideration and remit it to IRB as an the following are designed to assist the
advance payment of the RPGT home seller buyer:
however, with the new section, effective 1 ~Stamp Duty exemption
January 2018 if the property seller is not a
~>granted for instruments of transfer
Malaysian citizen or not a Malaysian
(partial exemption 10%-15%) and loan
permanent resident, the buyer is required to
agreements (full exemption, save money)
withhold 7% of the cash consideration and
for sale and purchase agreements
remit it to IRB
signed between 1/6/2020 until 31/5/2021
=) recent development on RPGT for individuals:
~>reintroduction of the Home Ownership
from 1/6/2020 to 31/12/2021, the gains Campaign for 2020 provides a partial
arising from disposing residential property is exemption of the stamp duty for
now exempted for all Malaysian citizens residential properties priced between
RM300,000 to RM2,500,000 (before 10
it is unclear if Malaysian PRs are included
discount), subject to at least 10%
(non-citizen, so cannot!), but foreigners and
discount from purchase price provided by
companies appear to be excluded
the Developer (under build and sell
RPGT exemption is limited to the disposal of concept, developer sale only!)
3 units of residential property per individual
~>limited to the first RM1,000,000 of the
during the prescribed period
home price (which translates to a
economic stimulus package for Covid maximum stamp duty saving of
recovery to revive housing industry RM24,000 for a property priced at RM1
million), while full stamp duty exemption
=) New Property Incentives in 2020 for is given to the loan agreement. However,
Malaysian Property under the Penjana do be reminded that stamp duty of 4 will
Economic Package: likely still apply to amounts above RM 1
Home Ownership Campaign (HOC), which million
was first introduced in 2019, was intended to ~70% margin of financing limit
facilitate new home ownership among
Malaysian citizens ~>70% margin of financing limit that was
applicable for 3rd residential property
to recap, there were several criteria under valued at RM600,000 and above will be
the HOC 2019: uplifted. However, the ability to obtain
~this campaign was only applicable for loans is subject to internal risk
residential properties purchased by management and assessment of the
Malaysian citizens (foreign buyers do not respective financial institutions
qualify) -pre- contract stage:
~purchase must be of a new property from a
property developer (and not sub sale); and
~minimum 10% discount given by the
developer to the purchase eligible
properties that are registered with REHDA
Malaysia (for Peninsular Malaysia) and
SHEDA or SHAREDA (for Sabah and
Sarawak)
Malaysian government announced on 5
June 2020 the HOC 2020 and several new
incentives as part of their strategy to
stimulate the property market, as Malaysia
enters the Recovery Movement Control Order
phase

drafting and approving contract
=) advising clients, avoiding conflict of interest
=) S. 60 (6): any disposition in contravention
shall be voidable at instance of any other
person who has an interest in the property
=) is property still registered in name of
deceased or transmitted to PR under S. 346
NLC?
to get transmission or letters of probate, can
take up to 1 year, Purchaser can negotiate
with estate rep. for discount or if contract can
be terminated, subject to discussion
=) power of sale and distribution
=) in the case of a company: S. 152A Copy of
company’s resolution will be required for
registration of the dealing by land registry or
land office
purchase of residential property by non-
citizens

=) cost, stamp duty, registration fee and penalty
parties
=) determine identity of Vendor and Purchaser,
are you dealing with the actual parties or
agent, PR, etc. possibility of negligence
leading to fraudulent dealing
=) is there an option granted check time frame
step 2: upon signing SPA and pay 10%
deposit, apply for consent to SA, charge
depends on state, 3 months to approve, can
appeal, another 3 months, completion can be
delayed,
if buy from developer, non- citizen only can
buy from developer, but sell can to private
transaction

=) NRIC, passport, tax no GST registration (only

if non- housing transaction), citizenship etc.
=) determine capacity of parties registered
proprietor, beneficial owner, personal
representative etc.
=) authority of personal representatives (is he
an executor or administrator?)
=) S. 292 (4) NLC: the death of a person does
not affect the validity of contract, benefit/
burden in the contract passes to deceased’s
estate/personal representative
=) S. 60 (3) Probate and Administration Act
1959: executor may dispose of property
subject to restrictions imposed by the will
if Vendor or Purchaser dies, contract not
frustrated or terminated, executor/ admin of
deceased take up contract and complete
if Vendor, E/A only dispose with order of
court, otherwise voidable contract
=) S. 60 (4): administrator may not dispose of
property without permission of the court

=) where approval from the EPU is required, the
=) in the recent Budget 2020 announcement,
the government will lower the threshold for
foreign property ownership in urban areas
=) foreign ownership threshold lowered from
RM1 million to RM600,000 in Budget 2020, to
stimulate property market
=) limited to high rise properties in urban areas
=) limited to one year period in 2020
=) no citizenship given out to foreign property
buyers
=) by lowering the threshold, the government
aims to reduce the supply overhang of
condominium properties
=) subject to Part 33A: S. 433A-H and S.433B
and S. 433E NLC (GET ON CLJ TO
DOWNLOAD)
=) MM2H Programme:
initiated by the Government of Malaysia and
introduced by the Ministry of Tourism and
Culture (to welcome people from all over the
world to reside in this beautiful country
upon becoming an MM2H holder, you will
obtain an MM2H visit pass which has a
validity of up to 10 years, and it is renewable
upon fulfilment of the renewal requirement
when it expires
duration of visa depends on your passport
validity, so it’s best to renew your passport to
get the maximum years of visa. Nevertheless,
you can easily extend your visa provided you
=) foreign interest: (including individuals) not
have all the required documents and financial
capacity
conditions if EPU approval is required
=) EPU Guideline divided into 3 categories:
transactions that requires EPU Approval;
(RM 20 million and above resulting in dilution
in ownership held by bumiputera interest or
government agencies)
transactions that do not require EPU
Approval and
transactions exempted from EPU Approval
proposed acquisition is subject to equity and
paid up capital conditions as follows:
Equity Condition for foreign companies:
~foreign company is:
~>a company incorporated outside
Malaysia; or
~>a company incorporated in Malaysia with
50% or more of voting shares held by
non- citizen or foreign company referred
to (a) or by both; or
~>a company incorporated in Malaysia with
50% or more of its voting rights held by a
company referred to in (b), or by a
company referred to in (b) together with a
non-citizen or a foreign company referred
to in (a)
~companies to have at least 30%
bumiputera interest shareholding
paid- up capital conditions:
~local company owned by local interest, to
have at least MYR 100,000 paid up capital;
and
~local company owned by foreign interest, to
have at least MYR 250,000 paid up capital
~for direct acquisition of property, the equity
and paid up capital conditions imposed by
the EPU must be complied with before the
transfer of the property’s ownership
~for indirect acquisition of property, the
equity and paid up capital conditions
imposed by the EPU must be complied with
within one year after the issuance of written
approval
allowed to acquire:
~properties valued less than MYR 1 M per
unit (subject to state’s authority’s
requirements)
 ~residential units under the category of low
and low medium cost, as determined by the
state authority
~properties built on Malay reserved land and
~properties allocated to bumiputera interest
in any property development project, as
determined by the state authority
=) the following transactions are exempted from
requiring the approval of the EPU:
acquisition of residential units by local and
foreign interests, however, a foreign interest
is generally only allowed to acquire a
residential unit valued at more than MYR 1 M
per unit, however there are different
thresholds for different states
any acquisition of a residential unit under the
‘Malaysia My Second Home’ program is now
unlike previously also subject to the RM1m
requirement (now can be RM600K)
MSC status companies are allowed to
acquire any property in the MSC area
provided that the property is only used for
their operational activities, including as a
residence for their employees
acquisition of properties in the approved
area in any regional development corridor by
companies that have been granted the status
by the local authority, as determined by the
government
acquisition of properties by a company that
has obtained an endorsement from the
Secretariat of the Malaysian International
Islamic Financial Centre
acquisition of residential units to be occupied
as a hostel for a company’s employees.
However, local companies owned by a
foreign interest are only allowed to acquire
residential units valued at MYR 100,000 and
above, subject to local state Authority
approval
bankruptcy or winding-up of Purchaser
=) insolvency search
=) effect: company: liquidator appointed to
continue the contract
=) S. 8 (1) Insolvency Act 1967: when a debtor
is adjudged a bankrupt his property shall vest
in the Director General of Insolvency (DGI)
and his property shall be divisible among his
creditors
=) benefit of the contract passes to the
Purchaser’s Trustee in bankruptcy i.e. DGI.
The Purchaser’s loan would have been
revoked by the bank However normally the
agreement will provide for the revocation of
the contract upon the happening of certain
specified events including bankruptcy winding
up of the Purchaser
=) effect on company: a Liquidator will be
appointed for the company who will have the
power to continue or disclaim the contract
=) effect on purchaser: when sign SPA, do
search, 3 months later, when presentation,
maybe the Vendor declared bankrupt, don’t
know, or winding up order, wait for 5-10 days,
Land Office never reject, transfer supposed to
go through, property not immediately
transferred to DGI, 3 months, if before 3
months, Purchaser get good title, provided
BFPV, if transferred, Land Office will reject,
that’s why important to wait to pay remaining
purchase price, can’t demand specific
performance
=) S. 349 (1) NLC: where the DGI claims any
land or interest in land relating to bankruptcy,
he may apply to the Registrar for registration
to the DGI Registrar shall endorse a
memorial of the transmission on the register
document of title of the subject land
=) S. 349 (3) NLC: no land shall vest in the DGI
under adjudication of bankruptcy until it is
registered as per S. 349 (1)
=) Re Kwan Chiew Shen t/a Syarikat Kaaf
(Official Assignee of the property of Kwan
Chiew Shen a bankrupt) v Citibank NA
bankrupt does not lose his capacity to
contract if it has not been transmitted to the
DGI under the NLC, he can pass a good title
to purchaser or charge
=) Re Chua Tin Hong ex parte Castrol Malaysia
Sdn Bhd
if a bankrupt transfers his land to a person
before any transmission is registered by the
DGI, the bankrupt’s interest notwithstanding
his bankruptcy will pass to that person
=) Hock Hua Bank Bhd v Choo Meng Chiong
Anor
 charge created by bankrupt before any
transmission was registered by OA will pass
good title and interest to the bank
=) however, in both the above cases the
provision for ‘relation back’ under the
bankruptcy provisions was not invoked
=) Pegawai Harta Koh Liang Hee Bankrap v
Koh Thong Chuan Anor
although Official Assignee had not been
vested with legal title of bankrupt’s property
by transmission under NLC, land may be
vested in OA in equity court declared that the
transfer by bankrupt is void and subsequent
charges by the transferee were also void
=) S. 50 (1) Insolvency Act 1967: Where a
creditor has issued execution against the
goods or lands of a debtor, or as attached
any debt due, or property belonging to him,
he shall not be entitled to retain the benefit of
the execution or attachment against the
Director General of Insolvency unless he has
completed the execution or attachment
before the date of the receiving order and
before notice of the presentation of any
bankruptcy petition by or against the debtor,
or of the commission of any available act of
bankruptcy by the debtor
=) S. 472 CA 2016: any disposition of
company’s property made after
commencement of winding up by the court
shall be void unless the court otherwise
orders This includes any transfer, mortgage,
etc. or any act relating to property made or
done by a company, which had it been done
by an individual would in his bankruptcy
under the law of bankruptcy be void or
voidable shall, in the event of the company
being wound up, be void or voidable in like
manner
when doing a winding up search, you could
also try conducting an insolvency search with
the Malaysian Department of Insolvency,
have to do a physical search at SSM to see if
a copy of the winding up petition has been
served on SSM
search on title
=) nature of title: freehold or leasehold, number
of years remaining, qualified (Land Office not
surveyed/ finalised of land) or final
(completed survey, qualified changed to final,
send notice to proprietor, can be a lot of land
scams here) category of land use,
encumbrances, acquisitions, endorsements
=) land owner(s): registered proprietor,
beneficial owner, Trustee, natural person or
trust or company or society etc.
=) charges and any other encumbrances or
restraints on dealing (ex. caveats or trust
property) ensure that you read the notes on
the title
=) rectification of any defects in title to be
rectified (who did it, why did it)
=) any consent of third parties to be obtained
=) bankruptcy or company search should also
be made
=) other optional searches town planning
compulsory acquisition, development, zoning
etc.
=) if computerised document of title compare
content with actual physical document (by
Land Office, give notice to RP to surrender
paper title, cannot have 2 original titles
around)
=) advise purchaser to survey land condition
squatters, boundary
vacant possession or as is
if as is, Purchaser must chase squatters
away
=) S. 384 Private search or S. 385 official
search? What is the significance?
=) when conducting title search:
ensure that you conduct a title search prior
to execution of SPA and prior to presentation
of Transfer or Charge
realise that various Registers/ Records need
to be looked at for searches (Presentation
Book, Caveat Book, Title, Prohibitory Orders)
do not employ short cuts, will lead to
problems
do not assume, without reading the search,
that it does not raise any issues for the client
(therefore missing, ex. a judgment registered
on title or a by-law contravention notice)
private search and official search must be
exactly same!
 read the search carefully and thoroughly (to
avoid missing, ‘warning signs’ such as a
notation of “miscellaneous notes” that
indicates a further search is required)
read the search and always keep clients
informed of any developments in writing, you
should not assume on behalf of the client that
whatever is noted on title will not be an issue
for him/ her
do not wait until the last minute to read the
search and report to the client, leaving the
client with insufficient time to deal with any
issues that might arise. Delay on your part
may limit your client’s options
subject to contract
=) negotiation stage, contract not made yet
=) Law v Jones
indicates that it is still in the negotiation
stage and has not been finalized, ex. if
parties are still negotiating on price and terms
or planning approval is required etc.,
therefore not binding, however if a contract
has been finalized then the term will not offer
any protection
=) Ayer Hitam Tin Dredging Malaysia Bhd v YC
Chin Enterprises S/B
terms of the condition must be clear and
unequivocal, ex. option to purchase
drafting contract
=) determine whether it is a HDA or non-HDA
contract:
if under the Housing Developers (Control
Licensing) (Amendment) Regulations 2002:
you will need to follow the forms provided
Forms G, H, I, J
if a sub-sale (private sale): follow a standard
precedent but tailor it to the needs of the
parties to reflect the agreed terms, contract
will generally be drafted by the Vendor’s
Solicitors for the approval of the Purchaser
his solicitors, standard terms and conditions
would inter alia include:
~deposit of 10% upon execution of S&PA
~balance of purchase price to be paid within
3 months of execution of S&PA or as
agreed by parties
~extension of time for payment of balance of
purchase price if needed with 10% interest
payable on the balance due
undertakings
=) of a personal nature, may also involve
Solicitors undertakings which can be
enforced either against the Solicitor’s firm or
against the Solicitor in his personal capacity
depending on the nature and phraseology of
the undertaking
telling lawyers out there, can trust me
=) FC has reaffirmed the Advocates and
Solicitors Disciplinary Board's decision to bar
a lawyer from practising after he released RM
750, 000 belonging to a client to
“unauthorised” people, to wrong person,
breach of undertaking, lawyer has to
compensate
=) Ngan Siong Hing v RHB Bank Bhd
assignment, bogus parties
set up fraudulent legal firm
wake up call
lawyer act for bank, entitled to accept
fraudulent firm as bona fide firm?
COA: yes, no requirement at that time for
lawyers to do search on fellow lawyer (maybe
blacklisted or no Sijil Annual) and firm,
respect them, but after this, advisable to do
search on Bar Council, free search
power of attorney
=) should be verified for its validity and
applicability for the contract. A General Power
of Attorney will authorize the Attorney to deal
with the donor’s assets. A Special Power of
Attorney is limited to specified circumstances,
ex. sale of a specific property
register at HC!
non- citizen cannot act on POA
=) check that PA properly executed and
authenticated under Powers of Attorney Act
1949. Executed before authorised persons
and authenticated in appropriate from in First
Schedule
=) S. 4 PAA 1949: PA not valid unless
registered in the High Court, marked by
 Senior Assistant Registrar of High Court and
deposited in his office
=) S. 433F NLC: execution by non-citizen or
foreign company under PA shall be void
possession
=) generally the property will be in the
possession or occupation of the registered
owner
vacant possession or as is
=) however sometimes it could be subject to a
tenancy or illegal occupation i.e. squatters, it
is important to determine whether the parties
are contracting for ‘vacant possession’
death
=) S. 292 (4) NLC: death of anyone of the
parties between contract and completion
does not affect the validity of the contract,
benefit and burden passes to the deceased’s
estate and personal representatives who are
contractually bound to complete
=) however provisions will have to be made for
extension of completion time to allow for the
application of Letters of Administration It shall
not invalidate conveyance or prevent
registration, negotiate as it is voidable
deposit
=) normally 10% of the purchase price and is
paid before the execution of the SPA by the
parties, is part of the purchase price and in
the event of a failure to complete by either
party it shall be forfeited to the party who is
not in breach
balance of purchase price
=) paid simultaneously upon the completion of
the S&P and vacant possession being
granted unless otherwise agreed by parties
=) Vendor’s Solicitors need to ensure that any
RPGT payable is deducted and forwarded to
the Inland Revenue with the CKHT (RPGT
forms
=) Purchaser’s Solicitors should do a 2nd Search
on title before payment of balance of
purchase price to ensure that the Purchaser
obtains a clear title
execution of documents
=) S. 210 (1) NLC: 4 categories of persons or
bodies who can execute documents of
dealings in which case such authority must
be submitted to the Registrar along with the
documents of dealings:
respective parties
person acting under a valid Power of
Attorney
authority of law
Order of Court
=) S. 210 (2): natural person may execute such
instruments (forms) by signing affixing his
thumb print
’natural person’ includes individuals,
Trustee, Public Officer, ex. officer of the court
Senior Assistant Registrar of the High Court,
Official Assignee, an individual with a power
of Attorney
=) company incorporated after 31 January 2017
is not required to have memorandum articles
of association or a constitution
=) for companies incorporated before that date,
they may continue to adopt their existing
M&A as the constitution and the said M&A “…
shall have effect as if made or adopted under
this Act, unless otherwise resolved by the
company” (S. 619 (3) CA 2016)
=) it is no longer necessary for a company to
have a common seal
description of parties
=) S. 436A NLC: individual’s name as in NRIC
or Passport, NRIC no./ Passport no.,
address, occupation, marital status
=) in the case of a company, society,
association etc. identity as under the
respective law and whether or not it is a
foreign company as defined in S. 433A NLC
execution
=) S. 210 (3) NLC: in the case of execution by a
corporation, it should be executed in
accordance to the Companies Act 1965 as
well as stipulated in its Articles of Association
usually by the Corporate Seal attested by 2
authorised officers of the corporation ex.
CEO/ MD/ Directors, this shall be conclusive
evidence of such execution
=) S. 223 CA 2016 (S. 132 CA 1965): directors
shall not acquire of dispose of Company
property unless the transaction has been
approved by the company by way of
resolution, a copy of the company’s resolution
will be required for the registration
=) in the case of a co-operative society it shall
be pursuant to the Co-operative Societies Act
1993 and in accordance with its by laws
=) similarly for societies: as per the Societies
Act 1966 and the constitution of the Society
attestation
=) attest client signing the SPA
=) S. 211 NLC: every execution by
(a) a natural person other than a corporation
should be attested by :
~(i) a Magistrate
~(ii) State Director
~(iii) Registrar
~(iv) Land Administrator
~(v) An Advocate & Solicitor
~(vi) Notary public
(b) should any document be attested outside
Malaysia it should be pursuant to the list of
authorized persons given in Schedule 5
which provides for different requirements for
different countries, however these are
generally:
~(i)Registrar of the High Court
~(ii) a District Judge
~(iii) a Magistrate
~(iv) a notary public having an official seal
~(v) the High Commissioner, the Deputy
High Commissioner, or the First Secretary of
the High Commission of Malaysia
(c) in the case of transfers of Malay holdings
or reserved land pursuant to the Malay
Reservations Enactment Titles Act 1963
every execution by a natural person shall be
attested by the Land Administrator This does
not apply to Charge instruments
(d) the Attestation clause to be used shall be
as provided in Form 13B
=) misconduct for solicitor to attest a signature
not witnessed personally
=) Albert Chew v Hong Leong Finance Bhd
solicitor had attested signature of bank’s
attorney on a discharge of charge, and he
admitted that bank’s attorney did not sign in
his presence or before him, problem was that
the signature of the bank’s attorney was
forged
RK Nathan J, held “In other words, the
advocate and solicitor had falsified the
attestation. He had breached a code so
fundamental to the legal profession that the
excuse he gave that it was the practice of the
legal firm to do as he did, makes the
commission more heinous”
registration
=) S. 206 (1) (b): all instruments of dealings
must be duly registered under Part 18 NLC at
the land office, failure to do so means that the
property is not vested in the Purchaser and
the Vendor may still deal with the property
=) Md Kamis b Yakob v Ismail b Abdullah
however does not affect its contractual
operation, ex. contract of jual janji
=) procedure:
S. 293 (1) (a): prescribed registration fee
S. 293 (1) (b): delayed registration fee if any
(where it is presented after 3 months of the
date of its execution)
S. 294 (1): original transfer document duly
stamped as per Stamp Act 1949
S. 294 (1) (b): if it is a lease or sub lease or
charge it must be accompanied by a Certified
True Copy copy of the same and duly
stamped as given under S. 309
S. 294 (3) (a): where executed under a
Power of Attorney etc. the required
supporting documents
S. 294 (2): any other relevant documents
depending on the type of dealing quit rent
assessment paid, existence of any trust as
allowed under S. 344 NLC
stamp duty payable/ remission/ exemption
=) effective from 1/1/2019 the rate of stamp duty
payable for transfer of properties in Malaysia
 is calculated as follows, whether with
monetary consideration (i.e. by way of sale
and purchase) or without monetary
consideration (i.e. by way of gift or love and
affection) This is in pursuant to Stamp Act
1949 as amended by the Finance Act 2018
which came into effect from 1/1/ 2019
=) the only difference with the previous rate of
stamp duty as seen in our article on Property
Law in Malaysia Perfection of Transfer is that
there will be 4% of stamp duty impose on any
amount of the value of properties in excess of
RM 1, 000, 000 as compare to the previous
3%
=) be that as it may, the government has made
the following orders for stamp duty
exemptions or remissions for the benefit of
certain group of the house buyers, especially
the first time house buyers, which includes:
Stamp Duty (Exemption) (No. 6) Order 2018
(P.U. (A) 377): all stamp duty chargeable for
transfer of property worth not more than RM
300, 000 is remitted provided that it is 1st
property purchased is for residential purpose
and the sale and purchase agreement is
signed in between 1/1/2019 until 31/12/2020
Stamp Duty (Exemption) (No. 4) Order 2018
(P.U. (A) 321): all stamp duty chargeable on
any loan agreement to finance the purchase
of property worth not more than RM 300, 000
is remitted provided that it is 1st property
purchased is for residential purpose and the
sale and purchase agreement is signed in
between 1/1/2019 until 31/12/2020
Stamp Duty (Remission) Order 2018 (P.U.
(A) 320): all stamp duty chargeable on any
loan agreement to finance the purchase of
property worth in between RM 300, 000 to
RM 500, 000 is remitted provided that it is 1st
property purchased is for residential purpose
and the sale and purchase agreement is
signed in between 1/7/2019 and 31/12/2020,
this order, however, shall only be effective
from 1/7/2019 onward
Stamp Duty (Exemption) (No. 7) Order 2018
(P.U.(A) 378): all stamp duty chargeable for
transfer of property worth in between RM 300
000 to RM 1, 000, 000 is remitted provided
that it is 1st property purchased is for
residential purpose and the sale and
purchase agreement is signed in between
1/1/2019 until 30/6/2019 for purchase of
property directly from a property developer
Stamp Duty (Remission) (No. 2) Order 2018
(P.U. (A) 376): despite the increase of the
stamp duty payable for transfer of properties
valued above RM 1, 000, 000 the government
had ordered that 1% of stamp duty
chargeable on transfer of property valued
above RM 1, 000, 000 but not exceeding RM
2, 500, 000 to be remitted provided that the
instrument of transfer be stamped on
between 1/1/2019 and 30/6/2019 and the
value of the property must be in excess of
RM 1, 000, 000 but not exceeding RM 2, 500,
000 In another word, the stamp duty for the
value of the property in excess of RM 1, 000,
000 until RM 2, 500 000 is maintained at 3%
Stamp Duty (Remission) Order 2019 (P.U.
(A) 49): a total of RM 5, 000 of stamp duty
chargeable for transfer of property worth in
between RM 300,000 to RM 500,000 is
remitted provided that it is 1st property
purchased is for residential purpose and the
sale and purchase agreement is signed in
between 1/7/2019 until 31/12/2020, this
order, however, shall only be effective from
1/7/2019 onward
transfer between parents and child and
spouses
=) Stamp Duty (Remission) (No. 7) Order 2002
(P.U.(A) 434: this is a ministerial order which
provides for the remission of 50 of stamp duty
chargeable on any instrument of transfer of
immovable property between parents and
child, and spouses, this order had since been
in effect from 1/1/2003, however, it has now
been revoked by Stamp Duty (Remission)
(No. 2) Order 2019 (P.U. (A) 369, the latter
remission order sought to provide the same
remission but to confine it to Malaysian
citizens only as the transferee
=) Stamp Duty (Exemption) (No. 10) Order 2007
(P.U.(A) 420): this is another ministerial order
which provides for full exemption of stamp
duty chargeable on any instrument of transfer
of immovable property between spouses, this
order had since been in effect from 8/9/2007
superseded P.U.(A) 434 in terms of stamp
duty chargeable on the instrument of transfer
of property between spouses
National Home Ownership Campaign 2019
(“HOC 2019”)
=) Stamp Duty (Exemption) (No. 2) Order 2019 subject to at least 10% discount provided by
(P.U.(A) 81): all stamp duty chargeable on the Developer
any loan agreement to finance the purchase
~stamp duty exemption on the instrument of
of property worth in between RM 300, 000 to
transfer is limited to the first RM 1, 000, 000
RM 2, 500, 000 (after 10 discount by property
of the home price (which translates to a
developer) is exempted provided that it is the
maximum stamp duty saving of RM 24, 000
purchase of residential property under the
for a property priced at RM 1 million), while
HOC 2019 and the sale and purchase
full stamp duty exemption is given to the
agreement is dated in between 1/1/2019 until
loan agreement, however, do be reminded
30/6/2019 (which has now been extended
that stamp duty of 4% will likely still apply to
until 31/12/2019 via Stamp Duty (Exemption)
amounts above RM 1 million
(No. 2) Order 2019) (Amendment) Order
2019 (P.U.(A) 173) for purchase of property ~subject to the actual wording of gazetted
directly from a property developer, this legislation, it is yet to be confirmed whether
exemption, however, shall only be applicable the other criteria in the HOC 2019 will
with the HOC 2019 Certification issued by continue to apply for HOC 2020
REHDA, SHAREDA or SHEDA
70% margin of financing limit
=) Stamp Duty (Exemption) (No. 3) Order 2019
(P.U.(A) 82): a total of up to RM 24, 000 ~70% margin of financing limit that was
stamp duty chargeable on transfer of property applicable for 3rd residential property valued
worth in between RM 300, 000 to RM 2, 500, at RM 600, 000 and above will be uplifted.
000 (after 10 discount by property developer) However, the ability to obtain loans is
is exempted provided that it is the purchase subject to internal risk management and
of residential property under the HOC 2019 assessment of the respective financial
and the sale and purchase agreement is institutions
dated in between 1/1/2019 until 30/6/2019
(which has now been extended until
31/12/2019 via Stamp Duty (Exemption) (No.
2) Order 2019 (Amendment) Order 2019
(P.U.(A) 174) for purchase of property directly
from a property developer, this exemption,
however, shall only be applicable with the
HOC 2019 Certification issued by REHDA,
SHAREDA or SHEDA
=) latest development:
Malaysian government announced on
5/6/2020 the HOC 2020 and several new
incentives as part of their strategy to
stimulate the property market, as Malaysia
enters the Recovery Movement Control Order
phase, the following are designed to assist
the home seller buyer:
~Stamp duty exemptions are granted for
instruments of transfer (partial exemption)
and loan agreements (full exemption) for
sale and purchase agreements signed
between 1/6/2020 until 31/5/2021
~reintroduction of the Home Ownership
Campaign for 2020 provides a partial
exemption of the stamp duty for residential
properties priced between RM 300, 000 to
RM 2, 500, 000 (before 10 discount),