Application by Developer for state consent to transfer cum charge - 2007/11/12 10:35Where the individual title has restriction in interest, and where it is a purchase from a Developer, the Developer will apply for the blanket consent to transfer and charge.
However, I note that there is nothing in the Schedule G S&P to cover this. There is no time limit. (There are time limits for defect liability, for delivery of vacant possession etc)/
Thus, when a Purchaser obtains financing, the financier / bank won't release the loan until the consents have been obtained. However, in the case where progressive billings are already due, the Developer will charge the Purchaser interest!
Since the Land Office has no interest in the transaction, the Purchaser loses out where the consent is slow to be obtained. Thus the consumer loses again!
Am I wrong? Is there a lacuna here in the Schedule G S&P?
Yours, ALEX TAN KEN SENG
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Raymond Chu Hon Fai
Visitor
Re:Application by Developer for state consent to transfer cum charge - 2008/08/15 16:17Mr. Tan Ken Seng,
Perhaps s. 5 National Land Code and an old case law of Dr. Ti Teow Siew & Ors v Pendaftar Geran-Geran Tanah Negeri Selangor [1982] 1 MLJ 38 (High Court, Kuala Lumpur) concerning the reading of two other s.78(3) and s.105 of the same National Land Code 1965 may help.
In my humble opinion, the Nationaal Land Code is quite comprehensive. Nonetheless, Schedule G of the Housing Development Act 1966 is an Act of Parliament. Applying the maxim generalia specialibus non derogant, the reading of an Act of Parliament is not per se isolated, I think.
Perhaps this is all I can say.
Thank you.
From,
Raymond Chu
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