It was brought to the attention of the Perak Bar Committee that recently, PTG and land offices in Perak have denied/refused to accept the presentation of a Private Caveat instrument lodged by the Banks/Financial Institution over a Malay Reserved Lands, and for those instruments which have been presented, the instrument will be later rejected for registration.
The reason for such refusal and/or rejection is based on Section 11 of Malay Reservations Enactment (FMS Cap. 142) which as reproduced herein below:
11. Restrictions as to other caveats
No caveat not being such a caveat as is referred to in the last preceding section against the title for any Malay holding shall be capable of registration in any Land Office or Registry of Titles in any case where the caveator or, in any case where the caveator is acting as agent, his principal is not Malay, provided that nothing in this section contained shall prevent the registration of a caveat presented under the provisions of section 230(F) of the Land Code.
Notwithstanding the provision under Section 17 of the EMR, which allowing the Malay Reserved Lands to be charged and have made a reference to a person specified under Second Schedule, the provision of Section 11 clearly spelt out the restrictions to a lodgement of private caveat and no exception and/or proviso is made in whatsoever manner to enable the same to be accepted for registration.
The Perak Bar Committee hereby urges all the members concerned to take note of the current position adopted by the PTG as this relates to the interpretation of the statutory provisions.
ZAINAB BINTI YAHAYA
Conveyancing Sub Committee
Perak Bar Committee