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Home Deed

Home Deed Template for Malaysia

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Key Requirements PROMPT example:

Home Deed

"I need a Home Deed for transferring a double-storey residential property in Petaling Jaya, Malaysia to my daughter as a gift, with the transfer to be completed by March 2025; the property is currently unencumbered and has been in my possession since 2010."

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Document background
The Home Deed is a crucial legal instrument in Malaysian property law, used to formally transfer ownership rights of residential properties between parties. It operates within Malaysia's unique legal framework, which combines common law principles with Islamic law considerations. The document must strictly comply with the National Land Code 1965 and various other property-related legislation. A Home Deed includes essential information such as detailed property descriptions, party identifications, transfer declarations, and title warranties. It requires proper execution before witnesses and must be registered with the relevant Land Office to be legally effective. The document is particularly important in Malaysia's complex property market, where various types of land titles and ownership structures exist, and where proper documentation is crucial for protecting property rights and facilitating future transactions.
Suggested Sections

1. Parties: Details of the grantor (seller/transferor) and grantee (buyer/transferee), including full legal names, identification numbers, and addresses

2. Background: Brief history of the property ownership and context of the transfer

3. Definitions: Key terms used throughout the deed, including property-specific terminology and legal concepts

4. Property Description: Detailed legal description of the property including lot number, title details, land area, and boundaries

5. Consideration: Statement of the purchase price or value of the transfer

6. Transfer Declaration: Formal declaration of transfer of the property from grantor to grantee

7. Title Warranties: Grantor's warranties regarding clear title, no encumbrances, and right to transfer

8. Rights and Interests: Description of rights, easements, and interests that run with the land

9. Execution Requirements: Requirements for proper execution including witnessing and attestation

10. Registration Details: Information required for land office registration

Optional Sections

1. Islamic Law Compliance: Required for Muslim owners, addressing Shariah law requirements for property transfer

2. Restrictive Covenants: Include when there are specific restrictions on property use or development

3. Strata Title Provisions: Required for high-rise or stratified properties

4. Special Conditions: Any unique conditions or requirements specific to the property or transfer

5. Environmental Declarations: Required when property has environmental considerations or restrictions

6. Tenant Rights: Include if property is subject to existing tenancy agreements

7. Development Restrictions: Required when property is subject to development controls or planning restrictions

Suggested Schedules

1. Schedule A - Property Details: Comprehensive property description including certified plans and measurements

2. Schedule B - Title Documents: List of all relevant title documents and certificates

3. Schedule C - Encumbrances: Details of any existing charges, liens, or encumbrances

4. Schedule D - Plans and Drawings: Property plans, boundary marks, and relevant drawings

5. Appendix 1 - Land Office Forms: Required forms for registration with the land office

6. Appendix 2 - Property Photographs: Recent photographs of the property and boundaries

7. Appendix 3 - Supporting Documents: Additional documentation including permits, certificates, and approvals

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Land
Building
Title
Grantor
Grantee
Transfer Date
Completion Date
Purchase Price
Land Office
Registration
Encumbrances
Issue Document of Title
Identity Card
Charge
Consideration
Effective Date
Land Registry
Lot Number
Mukim
District
State Authority
Registrar
Fixtures
Attestation
Title Particulars
Boundary Marks
Easement
Express Condition
Restriction in Interest
Category of Land Use
Survey Plan
Land Area
Built-up Area
Legal Fees
Stamp Duty
Registration Fee
Witness
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Public Administration

Construction

Property Development

Islamic Finance

Professional Services

Urban Planning

Surveying and Mapping

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Land Administration

Title Registration

Property Development

Conveyancing

Risk Management

Relevant Roles

Real Estate Lawyer

Property Conveyancer

Land Registrar

Property Manager

Legal Counsel

Title Examiner

Real Estate Agent

Property Valuer

Compliance Officer

Land Administrator

Islamic Law Advisor

Property Development Manager

Legal Documentation Specialist

Real Estate Transaction Coordinator

Industries
National Land Code 1965: The fundamental law governing land ownership and registration in Peninsular Malaysia, covering land titles, transfers, and dealings
Strata Titles Act 1985: Regulates subdivision of buildings into parcels and the registration of strata titles for high-rise properties
Stamp Act 1949: Governs the stamp duty requirements for property transactions and documentation
Real Property Gains Tax Act 1976: Regulates tax implications on property disposals and transfers
Housing Development (Control and Licensing) Act 1966: Controls and regulates residential property development and protects homebuyers' interests
Islamic Law (Shariah): Relevant for Muslim property owners regarding inheritance and property distribution requirements
Street, Drainage and Building Act 1974: Regulates building requirements and local authority compliance standards
Contracts Act 1950: Governs the basic principles of contract formation and enforcement applicable to property transactions
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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