Probate vs State consent - 2005/08/29 11:28Recently, after obtaining a probate order, I sent the probate together with necessary forms to the Land office for transmission and transfer of a low cost house. The Land Office refused to accept the forms because, according to the officer, my client need to apply for consent for the transfer of the low cost house. In the past, I have no problem to do the transmission and transfer of low cost house or property with restriction in Johor as long as there is a probate order. Has anyone come accross this problem? My questions is whether it is necessary to obtain state consent despite there is a probate?
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Thirumalai Palaniappan
User Fresh Forumer
Posts: 1
Re:Probate vs State consent - 2005/08/30 12:58I have encountered the same problem last month in kluang. I wonder can obtaining the consent supercede the probate order. If not why the requirement for one?It is redundant, I believe which the authorities are not prepared to forego. From another point of view, to apply for the consent the registered person must apply. In this situation that person is dead.Under the probate order the beneficiary is the applicant.Now what do the land office want is the beneficiary to apply for the consent to have the property transfered to his/her name.Can the land office refuse?If yes the probate order is deemed invalid.If no then might as allow the transfer according to the probate order. I have refered the matter to the Johore conveyancing chief to deal the same with the relevant authorities. Hope to get the result soon.
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Shanmuga Kanesalingam
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Posts: 87
Re:Probate vs State consent - 2005/08/30 17:50Very much depends on the exact terms of the restriction in interest. If it is either of the usual restrictions that 'there can be no "dealings" whatsoever on the land without the consent of the State Authority', or 'no "transfer, charge or lease" can be registered without the consent of the State Authority', then I think the requirement for consent for the TRANSFER is still there. I think that there should be no problem registering the TRANSMISSION however since this is not a "dealing". After the transmission is done, the 'wakil' can apply for consent for the transfer from himself as 'wakil' to himself in his personal capacity. I believe this is the standard, albeit not very satisfactory, procedure, at least here in KL.
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