Deed Of Sale Without Land Title Template for Malaysia

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Key Requirements PROMPT example:

Deed Of Sale Without Land Title

"I need a Deed of Sale Without Land Title for transferring my agricultural land in Pahang, Malaysia to an individual buyer, with completion scheduled for March 2025; the land has been in my family's possession for three generations and includes standing crops."

Document background
The Deed of Sale Without Land Title is a crucial document in Malaysian property transactions where formal land titles have not been issued. This situation commonly arises in rural areas, agricultural lands, areas under native customary rights, or in developing regions where land registration systems are still being formalized. The document serves as evidence of property transfer and includes comprehensive details about the property, historical ownership, boundaries, and existing structures. It requires careful drafting to ensure compliance with both federal and state laws, including the National Land Code 1965 and state-specific regulations. The deed must include strong warranties and indemnities from the vendor, given the increased risk associated with untitled land transactions. It's particularly important in Malaysia's diverse legal landscape, which encompasses common law, Islamic law, and customary law considerations.
Suggested Sections

1. Parties: Identification and details of the Vendor and Purchaser, including full names, identification numbers, and addresses

2. Background: Context of the sale, history of ownership, and acknowledgment of absence of formal title

3. Definitions: Definitions of key terms used throughout the deed

4. Property Description: Detailed description of the property including boundaries, approximate area, and existing structures

5. Consideration: Purchase price, payment terms, and method of payment

6. Vendor's Warranties: Warranties regarding ownership, right to sell, absence of encumbrances, and peaceful possession

7. Vendor's Covenants: Commitments regarding transfer of possession, assistance with future title registration, and handling of historical documentation

8. Risk and Insurance: Transfer of risk and responsibility for insurance of the property

9. Completion: Details of completion process, including handover of possession and relevant documents

10. Further Assurance: Commitment to execute additional documents and take necessary steps to perfect the transfer

11. Indemnity: Vendor's indemnification of Purchaser against third-party claims

12. Execution: Formal execution clause meeting requirements for a deed under Malaysian law

Optional Sections

1. Existing Tenancies: Details of any existing tenancies or occupancy rights, used when property is currently occupied

2. Native Customary Rights: Acknowledgment and handling of any native customary rights claims, used in areas where such rights may exist

3. Planning Permissions: Details of existing planning permissions or restrictions, used when relevant to property development

4. Environmental Matters: Declarations regarding environmental conditions or hazards, used for properties with potential environmental concerns

5. Tax Matters: Special tax considerations or outstanding liabilities, used when relevant

6. Dispute Resolution: Specific dispute resolution mechanisms, used when parties want to specify alternative dispute resolution methods

Suggested Schedules

1. Property Details: Comprehensive description of the property including maps, surveys, and photographs

2. Ownership Evidence: Historical documents evidencing chain of ownership and possession

3. Outstanding Payments: List of any outstanding payments, taxes, or charges relating to the property

4. Property Condition: Current condition report including photographs and known defects

5. Existing Documents: Copies of relevant documents such as quit rent receipts, utility bills, and previous agreements

6. Statutory Declarations: Sworn statements regarding ownership history and absence of competing claims

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Agriculture

Property Development

Construction

Mining

Forestry

Rural Development

Indigenous Land Development

Infrastructure

Relevant Teams

Legal

Real Estate

Property Development

Compliance

Land Administration

Corporate Affairs

Risk Management

Indigenous Affairs

Business Development

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Land Surveyor

Property Development Manager

Compliance Officer

Legal Director

Real Estate Agent

Property Rights Specialist

Land Administrator

Corporate Lawyer

Development Project Manager

Indigenous Rights Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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