LAWS AND REGULATIONS SUG552

JUNE 2014
SAMPLE ANSWER
QUESTION 1
a) Briefly explain what is the meaning of the following terms;
i)

Certificate of proposed strata plan

ii)

Schedule of parcel

iii)

Allocated share unit

(4 marks)
(4 marks)
(4 marks)

b) Explain briefly about the application process to obtain the certificate of

proposed strata plan.
(8 marks)
ANSWER
a(i) certificate of proposed strata plan means the certificate certifying the
proposed strata plan prepared under section 8a or 20a, STA 1985 as the case
may be
a(ii) schedule of parcels means the schedule of parcels or amended schedule
of parcels prepared under the Strata Management Act 2012
a(iii) allocated share units means the share units assigned to each parcel
intended for subdivision by the developers licensed land surveyor or in a case
where share units have not been so assigned, means the share units assigned
under section 8.

b) Application for certificate of proposed strata plan

Please refer to section 8A Strata Titles Amendment Act 2012
The original proprietor of any alienated land on which the building or land is
capable of being issued with strata titles shall apply for a certificate of
proposed strata plan to the Director of Survey by submitting Form 10 together
with the following:
(a) fees for the survey carried out or caused to be carried out under subsection
8a(8);
(b) the original copy of the building plans approved by the local planning
authority;
(c) a proposed strata plan comprising a location plan, storey plan and
delineation plan, containing such details as are specified in subsections (2), (3),
(4), (5), (6) and (7) respectively, and certified by a land surveyor as follows:
(i) that he has made a comparison of the plans to the approved building
plans prepared by a Professional Architect registered under the
Architects Act 1967 [Act 117] or a Professional Engineer registered under
the Registration of Engineers Act 1967 [Act 138] responsible for its
construction, or in a case falling under paragraph (c), to the building
plans which have been drawn and certified by the Professional Architect
or by the land surveyor;
(ii) in the case of a storey plan, that the boundaries of the parcels shown
thereon follow features of permanent construction appearing in the
building;
(iii) that the building or buildings are situated wholly within the
boundaries of the lot in question, but discounting any eave, awning, and
any balcony not forming part of a proposed parcel, which projects over a
road reserve to which there subsists a permit or permits issued under
section 75a of the National Land Code in respect of every such eave,
awning and balcony;

(d) in the case of any building or land parcels for the erection of which planning
permission was required, a certification by the Professional Architect or by the
Professional Engineer referred to in subparagraph (1)(d)(i) that the building
was constructed in accordance with the plans and specifications by reference
to which that permission was given; and the plans and specifications of the
buildings state the date on which such permission was given and the reference
number, if any;
(e) a certified copy of the final title of the lot;
(f) a certified copy of the document that certifies the super structure stage for
the case under paragraph 8(2)(a);
(g) a certified copy of the certificate of completion and compliance or
certificate of fitness for occupancy, as the case may be, except in the case
under paragraph 8(2)(a); and
(h) a certified copy of the schedule of parcel or amended schedule of parcels,
as the case may be, filed with the Commissioner under the Strata Management
Act 2012 except in the case under paragraphs 8(2)(b) and (d).
Every storey plan shall
(a) specify the lot number and the title number of the land comprised therein,
and the building and numbered storey thereof to which the plan relates;
(b) delineate, subject to the provisions of paragraphs (7)(a) and (b), each
proposed parcel and define the boundaries thereof by reference to floors and
walls showing the horizontal dimensions, without it being necessary to show
the bearing;
(c) indicate in respect of each such parcel the number by which it is described
in the proposed strata plan;
(d) specify the floor area of each parcel;
(e) distinguish such parts as are not to be included in any of the parcels but are
to become part of a common property; and
(f) contain such other details as may be determined by the Director of Survey.
3

Every delineation plan shall

(a) specify the lot number and the title number of the land comprised therein,
and the land parcel to which the plan relates;
(b) delineate each proposed land parcel by reference to the lot boundary
showing the bearing and distance of each boundary;
(c) indicate in respect of each such land parcel the number by which it is
described in the proposed strata plan;
(d) specify the area of each land parcel;
(e) distinguish such parts as are not to be included in any of the land parcels
but are to become part of the common property; and
(f) contain such other details as may be determined by the Director of Survey.
Every proposed strata plan shall
(a) show a legend of
(i) all parcels;
(ii) all common property; and
(iii) all accessory parcels, and specify therein the parcels they are made
appurtenant to, irrespective of whether the accessory parcels are contiguous
to those specified parcels; and
contain such other particulars as may be determined by the Director of
Survey.
The Director of Survey shall thereupon check the location plan, storey plan and
delineation plan, whichever is applicable, carry out or cause to be carried out
such survey of the land, any of the buildings thereon or any of the parcels, and
shall
(a) issue a certificate of proposed strata plan to the applicant if he is satisfied
that the plans are in order;
4

(b) issue a copy of such certificate to the Land Administrator for the purpose of
section 8; and
(c) notify the Land Administrator of the amount of fees to be collected in
respect of the plans caused to be prepared in the event of the approval of the
application.
QUESTION 2
Strata Titles Act 1985 and Strata Titles (Amendment Act) 2012, contain the
provisions for subdivision of land and building into strata titles.
a) Briefly explain the meaning of parcel, land parcel, accessory parcel,
provisional block and common property in a subdivided land or building
(8 marks)
b) Explain the procedure to apply for the subdivision of building according to
the Strata Titles (Amendment Act) 2012.
(12 marks)
ANSWER
a) Parcel in relation to a subdivided building means one of the individual units
comprised therein which (except in the case of accessory parcel) is held under
separate strata title, and in relation to a subdivided land, means one of the
individual units of land parcel
Land parcel means a unit which is comprised therein a subdivided land on
which there is a completed building of not more than four storeys which is held
under a strata title
Accessory parcel means any parcel shown in a strata plan as an accessory
parcel which is used or intended to be used in conjunction with a parcel

Provisional block means

a)
b)
c)

in relation to a proposed strata plan, a block in respect of a building

proposed to be, or in the course of being, erected, for which a
separate provisional strata title is applied for;
in relation to an approved strata plan, such a block shown therein, for
which a provisional strata title is to be registered; and
in relation to a book of strata register, such a block shown therein,
for which a provisional strata title has been registered;

Common property means so much of the lot as is not comprised in any parcel
(including any accessory parcel), or any provisional block as shown in an
approved strata plan.
b) Please refer to section 9 Strata Amendment Act 2012
Application for subdivision of building, etc
9. (1) An application for the approval of the Director for the subdivision of
building, building and land, under subsection 6(1) and subdivision of land
under subsection 6(1a) shall be made in Form 1 to the Land Administrator and
shall be accompanied by
(a) such fees as may be prescribed;
(b) such fees as so notified by the Director of Survey under paragraph
8a(8)(c);
(c) a certificate of the proposed strata plan;
(d) the classification certificate of a low-cost building issued under
subsection 9b(3), if any;
(e) the written consents to the making of the application of every person
who, at the time of the application, is entitled to the benefit of a lease of
the whole or any part thereof, other than a part corresponding precisely
with, or included within, one of the parcels to be created upon subdivision;
(f) the proposed name of the management corporation, and the address
for the service of documents thereon, required to be supplied pursuant to
subsection 15(3);
6

(g) the issue document of title of the lot;

(h) a certified copy of the certificate of completion and compliance or
certificate of fitness for occupancy, as the case may be, except in the case
under paragraph 8(2)(a); and
(i) a certified copy of the schedule
(i) a certified copy of the schedule of parcels or amended schedule of
parcels, as the case may be, except in the case under paragraphs 8(2)(b)
and (d).
(2) No application under subsection (1) shall be made unless
(a) the land is held under final title;
(b) the use of the land is not contrary to the land category and
conditions; and
(c) the land is not subject to any charge or lien.
(3) Upon receipt of an application under subsection (1), the Land
Administrator shall endorse or cause to be endorsed, a note of the
making thereof on the register document of title.
(4) The Land Administrator shall thereupon if he is satisfied that the
application and the other documents presented therewith are in order,
transmit them to the Director together with his recommendations for
approval or rejection.

QUESTION 3
National Land Code 1965 has the provisions that empower the State Authority
to reserve land for public purpose. Explain the following processes as stipulated
in the Code.
a) The procedure to gazette land as land reserved for public purpose.
(6 marks)
b) How the reserved land may be revoke?
c) The procedure to lease land reserved for public purpose

(6 marks)
(8 marks)

ANSWER
a) Procedure to gazette Land reserved for public purpose under NLC
The procedure for reservation of land for public purpose is under section 62 of
the NLC as follows.
The State Authority may by notification in the gazette reserved any State land
for any public purpose.
Any notification gazetted under subsection (1) shalla) described the reserved land;
b) described the purpose for which the land is reserved;
c) designate the officer for the time being having the control of the
reserved land;
d) be conclusive evidence that the land so described is reserved for a public
purpose.
Copies of such notification shall be published in accordance with the provisions
of section 433.
Without prejudice to the provisions of any other written law for the time being
in force, reserved land shall not be-

a)
b)

disposed of by The State Authority except to the extent permitted by,

and in accordance with the provisions of, section 63 and Chapters2,3
and 4 of this Part, or
used for any purpose other than that for which it is reserved except in
pursuant of a disposition made by virtue of any of those provisions

b) REVOCATION OF RESERVATION OF LAND RESERVED FOR PUBLIC PURPOSE

A reservation of land for public purpose may be revoked either wholly or
partially at any time after the actions under section 64(2) of the NLC have been
taken. Section 64(2) requires the gazetting of the notice of proposal to revoke
the reservation together with details of a time and place at which an enquiry
will be held.
Revocation of a reserved land has to be made if the land reserved is to be
alienated or to be reserved for other purposes.
Any lease of reserved land which exists at the time the reservation is revoked
shall continue in force notwithstanding the revocation.
Revocation of reserved land for public purpose maintained by Federal
department and gazetted railway reserves outside Federal Territory
In the case of a reserved land outside the Federal territory maintained by a
Federal department such as a school reserve, a police station reserve or a
hospital reserve and a gazetted railway reserve, before submitting the draft
paper containing the proposal to revoke, the land must be released first in
accordance with Article 85(3) of the Federal Constitution or there must be a
requirement for the land to be alienated to the Federal Government under
Article 85(1) of the Federal Constitution.
c) LEASING OF RESERVED LAND UNDER SECTION 63 OF THE NLC.
Objective of the provision and maximum duration of lease
Leasing is the provision to enable a reserved land not used for the purpose of
the reserve to be put to other uses. It is to be noted that only land reserved for
a public purpose under section 62 of the NLC or the corresponding provision
under the previous land laws can be leased under section 63 of the NLC. But
9

this does not include land reserved for railway and other federal purposes
under the previous land laws outside the Federal Territory and such land is
subject to Article 85(4) of the Federal Constitution. A reserved land can be
leases for a period of up to 21 years.
Eligibility to apply for leasing
An application for the granting of a lease of reserved land can be made only by
a person or body qualified under section 43 and Part 33A of the NLC. A lease
should only be issued to one person or body.
Matters to be determined in the lease
These include the following:
a)
b)
c)
d)
e)

the amount of annual payment;

the use of the land is to be put;
the area whether whole or part;
the period of lease; and
other conditions which are to be included in the lease.

Conditions of lease
The lease granted is normally subject to conditions specified in Form 4E of the
NLC and other conditions as prescribed in the State Land Rule.
Conditions specified in Form 4E:
a)
b)

c)

The lease terminates in the event of the death of the person or

dissolution of the body for the time being entitled to its benefit.
The lease may be terminated by State Authority immediately upon,
or at any time after, the occurrence of a breach of any rule, term or
condition to which it is subject without payment of any
compensation.
The lease may be terminated by State Authority at its discretion at
any time before the date of expiry of the lease not withstanding that
it has not become liable to termination for breach of any rule, term
or condition, upon payment of such compensation as may be agreed
or determined under section 434 of the NLC.

10

QUESTION 4
a) The National Land Code 1965 specifies the authorities that have the power
to correct errors found in the certified plan or the land title. Explain the
procedure to correct these errors.
(10 marks)
b) Licensed land surveyors are required to complete title survey undertaken
by them and submit the survey plan to the Department of Survey and
Mapping. Discuss the procedure to ensure that the licensed land surveyor
comply with the requirement to complete the title survey.
(10 marks)
ANSWER
a, i) Amendment of Survey Plan
The Director of Survey shall amend the plan approved by him under
paragraph (e) of sub section (1) of section 396 if a) he is satisfied that such plan contains an error or omission,
b) any alienated land becomes included within the boundaries of a new
district, new sub district, new mukim, new town or village as a result
of notification in the Gazette under section 11 or by virtue of such
powers under any previous land law,
c) any alienated land has ceased to be part of any town, village or
mukim
Action after making amendment
Inform RT/LA so that the register and issue document of title can be
amended accordingly
a.ii) Correction of errors on Land Titles
The purpose of having the provision on correction of certain errors as
contained in section 380 of the NLC is to enable the RT/LA to rectify minor
errors.

11

The correction made under these provisions will not adversely affect a
person's right or obligation under a title or under an instrument relating to
it. It is to be noted that no correction is to be made under section 380 of
the NLC if it adversely affect a person's right or obligation under a title or
under an instrument relating to it.
Any error other than that which can be corrected under section 380 of the
NLC should be referred to the High Court under section 419 of the NLC for
a decision before it can be rectified.
Types of errors that can be corrected
i)
ii)
iii)
iv)
v)

registration or issuing of title in the wrong name

miss-description of land or boundaries i.e. wrong bearing and
distance although the area is the same
memorial or entry wrongly made in wrong title
memorial or entry contains error or omission
other error or omission

b) DUTIES OF LICENSED LAND SURVEYORS.

A licensed land surveyor appointed to carry out title survey is required to
complete the survey within a stipulated time as mentioned in section 398A
of NLC;
"398A. Duty to complete survey
(1) where any licensed land surveyor carries out a survey of any land for
the purposes of this Act, he shall complete the survey within the
stipulated time and deposit all the survey plans together with the
relevant field books, calculation sheets and other survey data with the
Director of Survey within such period as may be specified by the
Director of Survey.
(2) The Director of Survey may, by notice in Form 29D, require any
licensed land surveyor who has not completed the survey to produce
any document relating to the survey which is in his possession or
control.

12

(3) Where any licensed land surveyor fails to complete any survey,
without any reasonable cause, the Director of Survey shall complete
or cause to be completed the survey and recover the costs of the
completion of the survey from such surveyor."
Subsequent to the service of notice in Form 29D, and if the person fails
to comply, then section 424 (2) of NLC will apply;
424. Penalty for failure to produce documents
(1) Any person or body who.
(2) Any person who, without reasonable excuse, fails to produce
any document as required by a notice lawfully served on him
under sub-section (2) of section 398A shall be guilty of an
offence, and liable on conviction to a fine not exceeding five
thousand ringgit, or imprisonment for a term not exceeding six
months, or to both."
QUESTION 5
a) What is the different between subdivision and partition of land?
(3 marks)
b) You are appointed to prepare an application to partition four hectares of
agricultural land into five units of equal area. Describe the processes that
need to be followed until final title to each unit can be registered.
(10 marks)
c) List the documents that need to be prepared for the submission of the
application to partition the land to the Land Office.
(7 marks)
ANSWER
a) Subdivision of land is the process of subdividing the land into two or more
units to be held under separate titles by the same proprietor. Partition of land
is a process of subdividing land into two or more parcels by co proprietors (the
number of parcels depend on the number of co proprietors) to be held under
separate titles by each co proprietors.
13

b) The process includes the following;

The application shall be made according to section 140 of the NLC as
follows;
Power of co-proprietors to partition with approval of State Director or
Land Administrator
Any alienated land which is held under Registry title or Land Office title by
two or more persons as co-proprietors may, by agreement between those
persons and with the approval of the State Director or Land Administrator,
be partitioned(a)
(b)

so as to vest in each of them, under a separate title, a portion

of the land of an area proportionate as nearly as may be to his
undivided share in the whole; or
where two or more of them are to continue as co-proprietors,
so as to vest(i)
in the remaining co-proprietor or, as the case may be,
each of such co-proprietors, under a separate title, a
portion of the land of an area proportionate as nearly as
may be to his undivided share in the whole; and
(ii)
In the continuing co-proprietors the remainder of the
land under a separate title.

The approval shall be given (a)

(b)

by the State Director in the case of land held under Registry title,
and
By the Land Administrator in the case of land held under Land
Office title.

The State Authority may give any direction to the contrary.

Condition for approval of partition
No partition shall be approved unless (a)
(b)

each of the co-proprietors has either joined in, or consented to

the making of the application for its approval;
the area to be vested 14

(i)
(ii)

In each co-proprietor is as nearly as may be proportionate

to his undivided share in the whole; or
In the continuing co-proprietors is as nearly as may be
proportionate to the total of their undivided share in the
whole; and

(c)

the conditions specified in section 136(1) for the approval of the

sub divivion of land are, mutatis mutandis, with the omission of
paragraph (ca) (surrender of land for public purpose) and
subparagraph (f)(i) (area for agricultural land is not less than two
fifths of a hectare) of that subsection, satisfied., that is-

(a)
(b)

that no item of land revenue is outstanding in respect of the land;

that every person or body who, at the time when the approval was
applied for, was entitled to the benefit of(i)
(ii)
(iii)
(iv)

(c)

that the area of any sub-divisional portion(i)

(ii)

(d)
(e)

a charge of the land

a lease of the whole or any part thereof, other than a part
corresponding precisely to one of the proposed subdivisional portions,
a charge of such a lease, or
a lien over the land or any such lease, has consented in
writing to the making of the application;

in the case of land subject to the category agriculture, or to

any condition requiring its use for an agricultural purpose,
will not be less than two-fifths of a hectare, and
in any other case, will not be less than the minimum area
appropriate for land of the class or description in question,
as determined for the purposes of this subparagraph by the
planning authority for the area in which the land is situated
or (if there is no such authority ) by the State Authority;

that the shape of each sub-divisional portion will be suitable for

the purposes for which it is intended to be used;
That, a satisfactory means of access will be available as of right
from each such portion either to a road, a river, a part of the
foreshore or a railway station, or to a point within the land from
15

which such a means of access will be available or be capable of

being obtained by application to the Land Administrator under
Part 28 of NLC (LA's ROW).
The condition regarding access to the land may be waived in the case of
an application for the partition of any land subject to the category of
agriculture.
Submission of Applications for approval
Any application shall be made to the Land Administrator in Form 9B and
shall be accompanied by(a)
(b)

(c)
(d)
(e)

such fee as may be prescribed;

a plan of the land on a scale sufficient to satisfy the Land
Administrator of all the details of the partition, together
with such number of copies thereof as may be prescribed
or, in the absence of any such prescription, as the Land
Administrator may require.
A copy of any approval or consent required under section
136 (1) (c) - planning approval.
All written consent as are required under section 136(1) (e)
- chargee, lessee, etc.
The consent of any co-proprietor who has not joined in
except in the case of application of co-proprietor holding
majority share.

Power of Land Administrator or State Director in relation to applications

Where any application relates to land the partitions of which is required to be
approved by the State Director, the LA shall refer the application to the State
Director together with his recommendations.
If it appears (a)
(b)

that the conditions are satisfied, or

that those conditions would be satisfied if the application were
modified in one or more respects,

16

The LA or the State Director as the case may be shall approve the partition.
In any other case the LA or the State Director as the case may be shall reject
the application.
On approval the LA shall notify each of the co-proprietors and shall specify,
and call upon the co-proprietors as a whole to pay to him within a specified
time(a)
(b)

in a case where the individual portions are to be surveyed by a

Survey Officer, the amount, or estimated amount, of the fees
chargeable for the survey of each portion, and
In every case, the fees chargeable in connection with the
preparation and registration of final documents of title to each
portion.

On rejecting the LA shall notify the co-proprietors and shall cancel the note
endorsed on the register document of title.
Issue of title to individual portions
Section 139 shall effect where the partition of any land has been approved as
they have effect where the sub-division of any land has been approved.
C) List of Document to be submitted
a)
b)
c)
d)
e)
f)
g)
h)

Pre computation plan

Approval from local planning authority
Land search
Quit rent receipt
Letter of appointment of surveyor
Form 9B
Letter of consent
Application fee

17

QUESTION 6
a) Under Land Acquisition Act 1960, State Authority has the power to acquire
any alienated land required for certain purposes. Describe these purposes
that empower the State Authority to acquire land.
(7 marks)
b) It is the duty of the State Authority to issue title in continuation for any land
acquired partially. Describe the procedure to survey the land that is partially
acquired.
(13 marks)

ANSWER

The following provision in the Land Acquisition Acts 1960 provide for the
purposes under which land acquisition can be made.
a) Section 3 Land Acquisition Acts 1960
Acquisition of land
1)

The State Authority may acquire any land which is neededa) for public purpose;
b) by any person or corporation for any purpose which in the opinion
of the State Authority is beneficial to the economic development
of Malaysia or any part thereof or to the public generally or any
class of the public; or
c) for the purpose of mining or for residential, agricultural,
commercial, industrial or recreational purposes or any
combination of such purposes.

b) Procedure to survey land partially acquired

Balance of Land partially acquired held under final title shall be surveyed.
Correction in the title shall be made if the land is held under qualified title. The
survey must be made according to section 396 of the NLC. If the area surveyed
differs from the area stated in the schedule, the following procedures must be
followed;

18

Where only part of the lot is acquired under this Act, the Land
Administrator, in the case of land held under Registry title, Land
Office title or title evidenced by an entry in the Interim Register shall
cause the part retained by the proprietor to be re-surveyed.
Difference in area during the survey
If there is difference in area after the survey the following shall be
followed to decide whether it is acceptable;
An award under this section shall not be invalidated by reason only of
the fact that the area in respect of which the award is made is
greater or smaller than the area of scheduled land:
Provided that the difference between the area in respect of which
the award is made and the area of scheduled land does not
exceed one quarter of a hectare or one percentum of the area of
scheduled land, whichever is the greater:
And provided further that any person interested who is aggrieved
by any increase in the area in respect of which the award is made
may make objection to the award in the manner prescribed by
section 37.
Wherever the area of land in respect of which an award is made
under this sectiond) Exceeds by not more than one quarter of a hectare or one
percentum, whichever is the greater, the area of the scheduled
land, it shall not be necessary for any further declaration in
respect thereof under section 8 to be made and published;
e) Is less than the area of the scheduled land by not more than one
quarter of a hectare or one percentum, whichever is the greater,
it shall not be necessary for any formal withdrawal there from to
be made under section 35.

19

Title in continuation where part of lot acquired.

Where part of a lot has been re-surveyed pursuant to section 25(1),
the proper registering authority shalla) in the case of land held under Registry title or Land Office title,
issue title in continuation to the part retained by the proprietor
as if he were issuing title in continuation to land as a whole;
b) in the case of land held under titled evidenced by an entry in the
Interim Register, issue title in continuation to the part so retained
in accordance with subsection(2).
2)

For the purposes of subsection (1) title in continuation shall,

notwithstanding anything in the State land law, consist of a fresh
folio of the Interim Register which shall replace and shall be in the
same form as the folio relating to the original lot.

3)

Where a lot which has been partially acquired is held under qualified
title, the proper registering authority shalla) correct the boundaries shown on the register document of title;
and
b) if an issue document of title exists and has been delivered to the
Land Administrator pursuant to section 24, correct the
boundaries shown thereon and returned the document to the
person who so delivered it.

20

QUESTION 7
a) Discuss the procedure that need to be complied with when State Authority
intends to declare any area in the State as a Designated Area, Group
Settlement Area, Rural Settlement Area and Urban Settlement Area.
(10 marks)
b) Explain the restrictions imposed upon alienated land in a Group Settlement
Area.
(10 marks)
ANSWER
The authority shall comply with the requirement of section 3, 4, 5 and 6 of the
Group Settlement area Act 1960.
a) The State Authority shall make the following declaration in the gazette.
Section 3, designated area
The State Authority may declare any area of land in the State by
notification in the Gazette to be a designated area.
Land in the designated area shall be alienated according Land (GSA) Act
1960 except for mining land.
Rights of any person in lawful occupation of State land in a designated
area immediately prior to the notification shall not be affected.
Section 4, group settlement area
The State Authority may by notification in the Gazette declare any area
of State Land whether or not included in a designated area to be a group
settlement area.

21

Section 5, rural settlement area

The State Authority may by notification in the gazette declare any land
within a group settlement area to be a rural settlement area.
Any such Gazette may specify the appropriate crop to be planted
Section 6, urban settlement area
The State Authority may by notification in the Gazette declare any land
within a group settlement area to be an urban settlement area
b) Restriction imposed on Rural Holding
RURAL HOLDINGS
Land alienated under GSA is subject to certain restriction as specified in
the act.
Restriction on alienation of rural holdings
Subject to exception, a rural holding may be alienated only to one
individual person and no joint ownership shall be permitted.
A rural holding may be alienated and jointly held by not more than two
holders. (A1176)
Restriction of dealings
o No land comprised in rural holding may be subdivided or
partitioned.
o Subject to exception, no land comprised in a rural holding may be
held by way of undivided shares.
o The State Authority may permit a rural holding to be held by way
of undivided shares by a holder and his wife, ex-wife or next-ofkin as a co-holder, upon an application in Form AA in the First
Schedule.

22

o A rural holding may be held by way of undivided shares pursuant

to an order of court made in accordance with the Islamic Family
Law Enactment applicable in the State or the Law Reform
(Marriage and Divorce) Act 1976.
o No rural holding may be leased or sublet in whole or part.

23