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International Journal of Academic Research in Business and Social Sciences

Open Access Journal

ISSN: 2222-6990

Registrar’s Statutory Duties under the Malaysian Land Registration System: A Little Too Much to Handle!

Noraziah Abu Bakar, Habibah Omar, Norliza Abd Hamid, Mazlifah Mansoor, Sarah Munirah Abdullah, Siti Sarah Sulaiman, Nurazlina Abd Raof, Hariati Mansor

http://dx.doi.org/10.6007/IJARBSS/v11-i10/10719

Open access

The Registrar will ensure that the instrument fits for registration under the National Land Code 1965 (NLC). This duty is in sync with the statutory duty of the Registrar to provide an accurate Land Database. The Registrar also has a responsibility to facilitate registration. Nonetheless, vast discretionary power accorded to the Registrar makes them an authority to be dependent upon by others, for example, enforcement agencies in the event of crimes involving land. This paper aims to examine the extent of the Registrar’s discretion in dealing with applications, not within the purview of the NLC, made by the other government agency. Clear guidelines on this issue may facilitate effective cooperation between agencies and simultaneously does not prejudice a bona fide purchaser for value who might become the victim of non-endorsement of the notice of seizure by the Registrar from other legislation. This paper utilises the doctrinal legal research and secondary data, with the NLC and AML/CFT legislation as the primary source. Secondary sources include decided cases, articles in academic journals, books, and online databases.