How to own property legally !

BASIS,PROCESS & RECOURSE

The evolution of land law in Malaysia started with the Sultanate Monarchy before independence where all lands were owned by the State. Back then, Customary land tenure was practiced wherein lands were allowed to be used for planting etc but one tenth (1/10) of the produce or profits was to be given to the State in return.

Later, the lands were colonised and since there was no longer a sultanate, private ownership of lands were introduced through the English Deeds System. However, under this system, there were problems of keeping track of the lands and if the deeds were lost, there would not be any other records.

Following the deeds system, the Torrens system was introduced under the democratic monarchy where land titles were indefeasible and every state had their very own land office regulating lands in that state.

In 1963, the formation of the federation of Malaysia took place; merging land administrations among the Straits Settlements (Singapore, Penang & Melaka), the nine federated and non-federated Malay states and the Borneo states. As a result, Article 13 of the Federal Constitution entrenched rights to property; everyone has the right to own property. However, the state would still have a right to lands. Thus, lands are administered by the State while the federal government shall legislate to ensure and facilitate uniformity.

Among the key legislations that govern the administration of lands are the National Land Code 1965, The National Land Code (Penang & Mallaca Titles) Act 1963, The Sarawak Land Code and The Sabah Land Ordinance.

Today, every state generally practises the same system and operates under the principles of Torrens (except for the state of Sabah) that was first introduced in 1879 in the state of Perak adopting the South Australian System.

Features of the Malaysian Torrens:

• All dealings are to be carried out using prescribed forms and registration with the land authorities.
• The Registrar reflects all the facts material registered to the registered owner’s title to the land.
• Land titles are indefeasible as prima facie ownership is practised.

Land ownership is well sought after as it generally confers exclusive use and enjoyment (within the conditions imposed by State Authority [if any]), right to alienate or sell, right to possess and the right to transmit upon death.

There are various forms and types of land ownership. Lands can have individual, multiple, corporate, institutional or foreign owners. Ownership can be perpetual (freehold) or periodical; also known as leasehold for a period of up to 99 years. With ownership of lands comes possession of titles. There are 2 types of titles; which are sub-divided individual titles and strata titles for sub division of building. Lands can be used for residential, commercial, agricultural or mixed development purposes. In Malaysia, lands can also be used for “Malay Reserved” purposes. This category is only for the Malay community in the country.

New Development (to be constructed)

Property Developers in Malaysia practice the “sell and build” model generally rather than “built and sell. This practice is regulated by the Housing Developer Act 1966 (HDA), if it is a Residential development.

For Commercial development, it is regulated by the common law within the contractual documentations between the parties subject to the applicable land law.

Among the features of HDA (under Ministry of Housing & Local Government) are:

• License (Development, Advertising & Sale) - All developers are required to have a license to develop properties.
• HDA Account (Regulated & Permitted Withdrawal) - All developers must have a HDA account, regulated by HDA wherein withdrawals of such accounts are subject to the HDA rules.
• Homebuyer Tribunal (Protection)
• Prescribed Standard Contract of Sale:
  

1. Schedule G (Subdivided Land)
2. Schedule H (Subdivided Building*)

Undertaking on No Further Encumbrances – the developers cannot take out more than 1 loan to finance the property purchase before and during the execution of the Sale and Purchase Agreement to avoid any monetary deceit.

• Schedule of Payments
• Delivery of Vacant Possession:

1. 24 months for Schedule G
2. 36 months for Schedule H

Non-compliance with the above time frame will result in liquidated interest payment for late delivery.

• Defect Liability Period (18 months from Delivery)
• This takes consumer protection one step further. The Stakeholder (solicitors) holds 2.5% of the purchase price to ensure that all is well and running within the 18 months.
• Solicitors on record in this transaction are acting for the Purchaser.

Constructed land and building

This category normally refers to the secondary market or “Sub-Sale” where the land is with a duly constructed building. It also includes those developments that practices “built and sell” and is regulated by the common law within the contractual documentations between the parties subject to the applicable land law.

Normally, there will be involvement of a real estate agent in the preliminary negotiation stage to conclude the salient terms of purchase and the payment of earnest deposit by the granting of the option to purchase by the Vendor to the Purchaser. The lawyers for the respective parties shall take over thereafter to conclude the details of all sale and purchase documentations within a prescribed time agreed by the parties.

The documentations vary for following two categories:

(1) With Title (Separate Title issued)
The Ownership Transfer Document shall be in the prescribed form of “Memorandum of Transfer” and the Security interest shall be in the prescribed
form of “Charge”, both to be registered with the relevant land registry; and

(2) Without Title (Separate Title not yet issued)
The Ownership Transfer & Security interest shall be documented by way of a deed in the form of assignment and only perfecting the ownership registration and charge respectively in the prescribed form with the relevant land registry upon the issuance of a separate title.

Where a separate title is not yet issued (mostly the strata title scheme), the Developer or the Master Title Holder shall act as a “temporary land registry” and consent of the Developer is required for any assignment at a fees chargeable.

The Sale and Purchase Agreement (SPA) remains principally the same with the following common features:

• Deposit Payment upon Signing of SPA
• Redemption, if there is security encumbrances by a financial institution
• Retention from the Purchase Price for Real Property Gains Tax
• Exchange of undertakings to facilitate the release of Loan sum by Purchaser’s financier
• Apportionment of Outgoings at Completion
• 10% Liquidated Damages in the event of termination
• Completion (Payment of Balance Purchase Price & Delivery of Vacant Possession)

-3 months from the date of unconditional SPA*
+ (plus)
-automatic 1 month extension with interests

*Conditions Precedent like consents from state authority, foreign investment committee etc.

Strata Title

All strata developments are governed by the Strata Title Act 1985. Traditionally, strata developments are for high-rise buildings that have common property that requires continuous maintenance at a service charge chargeable by the Management Corporation, of which such role remains the responsibility of the Developer prior to the issue of strata title.

There is recent development in the last decade where many gated and guarded housing schemes are designed and operated on such strata format. There is another document known as the Deed of Mutual Covenants on top of the SPA, setting out the do(s) and don’t(s) as a resident in such development scheme.

The Strata Title Act regulates the application (within 6 months from delivery) and issuance of Strata Title and the formation and operation of the Management Corporation.

Formation of Management Corporation

The Formation of the Management Corporation and its powers are governed by the Strata Titles Act 1985. It is a medium through which the proprieties are controlled and managed in the strata scheme.

Upon registration of the subdivided building with the relevant Land Office, the Management Corporation will automatically come into existence; consisting of all the parcel proprietors. The Management Corporation established will be known by the name registered with the land office; related to the registration of the subdivided building and shall be a body having perpetual succession and common seal.

The Management Corporation shall elect a council which; subject to any restriction or direction given by the Management Corporation at a general meeting, shall perform the Management Corporation’s duties and conduct its business on its behalf – the council can consist of as few as 4 members . The property manager can be anyone with knowledge in construction and building structures elected by the council. Following that, there has been an issue on the property valuer being the property manager.

The Management Corporation also has the right to compel residents to pay maintenance fees. However, there is a problem in enforcing this and about 30% of residents do not pay such fees. For low cost condominium and flat units, the Management Corporation will not come into automatic existence as there must first be at least 70% of residents in possession of the final title.

Financing for Acquisition

If you are taking out a loan to finance your acquisition, there are many avenues to consider including:

• Recognized financial institutions
• Insurance Companies
• Government for the Civil Servants
• Employees Provident Fund

In terms of the margin of financing, residential property is higher than the Commercial property due to the fact that residential properties are publicly marketable and affordable compared to commercial properties. The margin of financing is lower for foreign owner(s) deliberately foreign investors into the country. There shall be a financier’s lawyer advising the financier in this transaction.

Foreign Ownership

Foreign ownership is permitted; subject to the approval of the Foreign Investment Committee (FIC) and State Authority’s Consent (if applicable). The requirements of foreign ownership are as follows:

• Property must be valued more than RM150,000.00 (RM100,000.00 for Permanent Resident)
• For Agricultural land, it must be valued more than RM250,000.00 (or at least 5 acres)
• There is no limit on industrial property through locally incorporated company

The FIC is under the Economic Planning Unit of the Prime Minister’s Department and requirements are mostly procedural as approvals are almost a certainty; barring any unforeseen circumstances. The attending lawyers for the SPA shall assist in making such applications.

Malaysia welcomes foreign ownership to facilitate programmes like the Malaysia My Second Home. There is also a difference in the applicable rate of Real Property Gains Tax for foreign owners.

Real Property Gains Tax (RPGT)

Sale/ Disposal from the Date of Acquisition/ Purchase	Citizens/ Permanent Residents	Non-Citizens/ Non-Permanent Residents	Companies
Within 2 Years	30%	30%	30%
In the 3rd Year	20%	30%	20%
In the 4th Year	15%	30%	15%
In the 5th Year	5%	30%	5%
In the 6th Year & Subsequent Years	NIL	5%	5%

Any individuals who are a citizen or permanent resident may elect for a once only exemption from RPGT on the sale or disposal of their residential property.

• Chargeable Gain = Nett Disposal/ Selling Price

- (minus)
Nett Acquisition/ Purchase Price

The Disposal/Selling Price is derived by deducting the permitted expenses & incidental costs from the money received from the sale of the property.

The Acquisition/ Purchase Price is derived by adding the incidental costs incurred & deducting recoveries from the amount of money paid for the purchase of the property.

Acquisition Costs

Stamp Duty

The stamp duty on the transfer of property is levied at progressive rates based on the property value as determined by the Valuation Department.

PROPERTY VALUE	STAMP DUTY PAYABLE
First RM100,000.00	1%
Next RM400,000.00	2%
In excess of RM500,000.00	3%

The stamp duty on the transfer must be paid within 30 days from the date of notice of assessment; otherwise a penalty will be imposed as follows:

• RM25.00 or 5% of the stamp duty payable, whichever is higher, if delay is within 3 months;
• RM50.00 or 10% of the stamp duty payable, whichever is higher, if delay is within 3 to 6 months; and
• RM100.00 or 20% of the stamp duty payable, whichever is higher, if delay is more than 6 months

Legal Fees (SPA)

Legal fees are governed by the Solicitors’ Remuneration Order 2005 (Effective 1 January 2006):

Consideration/ Adjudicated Value (whichever is the higher)	Scale Fees
For the first RM150,000.00	1.00% (min RM300.00)
For the next RM850,000.00	0.70%
For the next RM2,000,000.00	0.60%
For the next RM2,000,000.00	0.50%
For the next RM2,500,000.00	0.40%
Where the consideration/ adjudicated value (whichever is the higher) is in excess of RM7,500,000.00)	Negotiable on the excess but shall not exceed 0.4%

For the Schedule G & Schedule H contract under HDA, the applicable rates are as follows:

Purchase Price	Fees
Less than or equivalent of RM45,000.00	RM250.00
From RM45,000.00 to RM100,000.00	75% of Scale Fees
From RM100,000.00 to RM500,000.00	70% of Scale Fees
More than RM500,000.00	65% of Scale Fees

Loan Documentation

Legal Fees

In relation to loan documentation, the legal fees calculated are as follows:

Loan Amount	Scale Fees on Principal Instrument
For the first RM150,000.00	1.00% (min RM300.00)
For the next RM850,000.00	0.70%
For the next RM2,000,000.00	0.60%
For the next RM2,000,000.00	0.50%
For the next RM2,500,000.00	0.40%
Where the consideration/ adjudicated value (whichever is the higher) is in excess of RM7,500,000.00)	Negotiable on the excess but shall not exceed 0.4%

For subsidiary instrument, 10% of scale fees (minimum RM200.00 & maximum RM1,000.00)

For the financing of Schedule G & Schedule H contract under HDA the applicable rates are as follows:

Purchase Price/ Loan Sum	Fees
Less than or equivalent of RM45,000.00	RM250.00
From RM45,000.00 to RM100,000.00	75% of Scale Fees
From RM100,000.00 to RM500,000.00	70% of Scale Fees
More than RM500,000.00	65% of Scale Fees

Stamp Duty

Stamp Duty is governed by the Stamps Act 1949 and is charged at a rate of 0.5% for any loan amount. All amounts are rounded to the closest thousand before calculation is made (for example, for the loan sum of RM131, 300.00, the amount calculated for stamp duty would be RM132, 000.00).

“Build Then Sell” System & The Proposed 10:90 Payment Model.

The “build then sell” system requires the buyers to pay a 10 percent deposit and the balance 90 percent after the property is completed. Developers are not allowed to sell a property until it is completed.

Under this system, buyers shall pay 10% of the purchase price into an account and pay the remaining 90% only when house is completed. According to REHDA’s President Datuk Jeffrey Ng, making this system mandatory would affect the country’s home ownership agenda and the economy as 60% of developers in the country would go out of business.

Nevertheless, this system can be used to better protect consumers as it ensures a fairer deal for house buyers. With this, bankers would have to play a key role in providing project financing. The Malaysian Bar Council’s article “Give House Buyers A Choice” stated that there must be other systems to go alongside this system to ensure maximum choice on the buyers part.

Enforcements and Complaints

Buyers have a number of avenues to resort to in the event that their transaction is unjustly terminated:

• Civil Court – Jurisdiction is based on the amount claimed, subject to the statutory limitation of 6 years
• Tribunal for Homebuyer Claims – for HDA related claims - no legal representation, informal and not complicated
• Housing Legal Clinic – to advise homebuyers on HDA related claims
• National House Buyers Association of Malaysia – NGO for homebuyers’ rights and interests
• Bar Council Malaysia – Governing body for all practicing lawyers
• Malaysian Institute of Estate Agents

Tribunal For Homebuyers Claims

The Tribunal for Homebuyers’ claims provides an easier, cheaper and faster means of resolution for homebuyers claiming compensation or damages from housing developers.

To make a claim under the Tribunal, purchases must be residential properties from licensed housing developers.

The Tribunal may hear claims from buyers on condition that:

• A claim is filed no later than 12 months from the date of:

-issue of the Certificate of Fitness for Occupation (CFO) of the property; or
-the expiry date of the defect liability period as set out in the Sales and Purchase Agreement.

• Each claim does not exceed RM25,000 per cause of action unless:

-the claimant agrees to forgo the balance of the claim; or
-the acquiescence of the developer is obtained in writing for the matter to be heard at the Tribunal.

Homebuyers will represent themselves and no lawyer is allowed at the hearing unless the Tribunal allows for it and in this case, the other party will also be allowed to be legally represented. Upon completion of hearing, the Tribunal will make an award. Failure to comply with the Award shall result in court action; wherein the developer’s license may be suspended or struck off.

Following the development and evolution of land law in Malaysia, it is definitely moving forward as buyers are well protected and owning a property has become almost a necessity rather than a luxury in today’s society.

Buying and Selling of a House

The following are some information on buying and selling a house in Malaysia.

BUYING A HOUSE

1. ELIGIBILITY

All Malaysian citizens are free to purchase houses within Malaysia save for low-cost houses which can be applied for through the relevant land offices or registries based on the relevant rules for eligibility.

Houses built on Malay reserved land can only be purchased by Malays. Thirty percent of each housing project is to be reserved for Bumiputra purchasers who enjoy 5% to 8% discount on the purchase price.

Foreign purchasers are subject to the approval of the Foreign Investment Committee (FIC) of the Economic Planning Unit of the Prime Minister’s Department based on the FIC “Guidelines on the Acquisition of Properties in Malaysia by Foreign Interests”.

2. TITLE

There are two categories of titles:-

• (a) freehold - which gives the owner perpetual ownership;
• (b) leasehold - which allows the owner to stay in possession only for a specified period.

When the specified period ends, ownership reverts back to the authority which issued the title.

Generally, a house is issued a title for the piece of land on which the house is erected; and an apartment is issued a strata title for the specific area on the specific floor of the building in which the apartment or condominium is located. A search can be done at the relevant land offices or registries to determine whether the title is encumbered. If the title has not been issued, a search can be done on the master title on which the whole or part of the housing project is erected.

3. FINANCING

Banks and other financial institutions have different packages of housing loans to assist house buyers in their purchase. Pursuant to a recent Bank Negara guideline, house buyers can now only obtain housing loans of up to a maximum of 60% of the purchase price for the purchase of a second or subsequent house.

Other than financing from a bank or financial institution, the Employees Provident Fund (EPF) currently provides two schemes of withdrawal for its depositors prior to attaining the age of 50:-

• (a) For purposes of buying or building a house or a shophouse consisting of a residential unit, depositors can withdraw the difference between the purchase price and the loan obtained plus 10% of the purchase price, or 30% of the total amount deposited in the EPF whichever is lower;
• (b) For purposes of reducing or settling housing loans (i.e. for on property only), depositors can further withdraw 20% of the total amount deposited in Account No. 2 with the EPF, or the amount of the housing loan remaining outstanding, whichever is lower, after a period of 5 years from the first withdrawal and thereafter at 5-year intereals.
  

4. DOCUMENTATION AND PROCEDURES

All purchases direct from housing developers must use the Schedule G (for purchases of houses) or the Schedule H (for purchases of apartments) respectively of the Housing Developers (Control and Licensing) Act 1996 as the sale and purchase agreements. Payment of the purchase price under the said Schedules G and H is by progressive payment based on completion of work as certified by the architects. Payment of the last 5% of the purchase price will be held by a firm of solicitors as stakeholders for the defect liability period, which is currently 24 months from the delivery of vacant possession.

There are no fixed rules on the form of agreement for purchases from existing house owners (more commonly called sub-sale). However, it is common practice that upon signing of the sale and purchase agreement 10% of the purchase price be paid to the seller, and the purchaser be given 3 months to pay the balance of purchaser be given 3 months to pay the balance of purchase price with an extension of 1 month if he fails to do so within the first 3 months’ period. Interest at the rate of 10% per annum calculated on a daily basis is normally charged for the extension period. Payment of the balance of purchase price is usually made to the solicitors acting for the seller as stakeholders to ensure redemption of the house (if the same is still charged or assigned to a bank or financial institution at the time of sale) and payment of real property gains tax by the seller.

Other than the sale and purchase agreement, a memorandum of transfer, which is Form 14A of the National Land Code 1965, must be completed to transfer the title from the seller to the purchase. In instances where the title has not been issued, then if the purchase is from a developer, the developer will undertake in the sale and purchase agreement to transfer the title when the same is issued; and if the purchase is through a sub-sale, the transfer will be through an assignment of the sale and purchase agreement between the developer and the seller of the developer’s undertaking to transfer the title contained in the Principal SPA.

5. STAMP DUTY

Stamp duty is levied on the document of transfer (i.e. the memorandum of transfer if the title has been issued, or the deed of assignment of Principal SPA if the title has not been issued) based on the purchase price as follows:-

• (a) 1% on the first RM 100,000.00
• (b) 2% on the next RM 400,000.00
• (c) 3% on the remainder.

(Item 32 [a] of the Stamp Act 1949)

6. LEGAL FEES

The first Schedule of the Solicitors Remuneration Order 2006 sets out the fees to be collected by lawyers for work done in handling the sale or purchase of house based on the purchase price as follows:-

• (a) 1% on the first RM 150,000.00 (subject to a minimum fee of RM300.00)
• (b) 0.7% on the next RM 850,000.00
• (c) 0.6% on the next RM2,000,000.00
• (d) 0.5% on the next RM2,000,000.00
• (e) 0.4% on the next RM2,500,000.00
• (f) Negotiable on the excess (but shall not exceed 0.4% of such excess) where the consideration or adjudicated value is in excess of RM7,500,000.00.

Notwithstanding the above rates, in the case of any transaction governed by the Housing Development (Control and Licensing) Act 1966 [Act 1991] or any subsidiary legislation made under that Act, the remuneration of the solicitor having the conduct of and completing the transaction, whether acting for the vendor or the purchaser, shall be –

• (a) RM250, if the consideration is RM45,000.00 or below;
• (b) 75% of the applicable scale fees specified, if the consideration is in excess of RM45,000.00 but not more than RM100,000.00;
• (c) 70% of the applicable scale fees specified, if the consideration is in excess of RM100,000.00 but not more than RM500,000.00;
• (d) 65% of the applicable scale fees specified, if the consideration is in excess of RM500,000.00;

For each sale and purchase of a house, the solicitors concerned can only collect fees based on the above scale from either the seller or the purchaser and not from both of them.

SELLING A HOUSE

1. REDEMPTION

If, at the time of sale, the house is still charged or assigned to a bank or financial institution for the loan granted to assist the purchase of the same, a redemption statement stating the amount due needs to be obtained form the financier concerned. Usually, the redemption of the house is incorporated into the sale and purchase agreement so that part of the proceeds from the sale will be utilized for that purpose.

2. REAL PROPERTY GAINS TAX

All house sellers are required to complete the Form CKHT 1 for Inland Revenue within 30 days from the date of the sale and purchase agreement (Section 13 of the Real Property Gains Tax Act 1976). The sale for real property gains tax levied on all house sellers laid down in the Real Property Gains Tax Act is as follows:-

• (a) 30% on the profits made for sale within 2 years of purchase;
• (b) 20% on the profits made for sale in the third year of purchase;
• (c) 15% on the profits made for sale in the fourth year of purchase;
• (d) 5% on the profits made for sale in the fifth year of purchase;
• (e) for sale in the sixth year of purchase and thereafter:-
  • (i) individual - 0%
  • (ii) company - 5% on the profits made
• (f) for non-citizens, the rates payable are as follows:-
  • (i) 30% within 5 years of purchase
  • (ii) 5% after 5 years of purchase

Payment of real property gains tax is also normally incorporated in the sale and purchase agreement. Usually the solicitors acting for the seller will act as stakeholders retaining 5% of the purchase price unit payment of the same.

Seeing a LAWYER

LAWYERS

Lawyers are professional people trained in the law. You may seek their help to solve your problems. They are independent people and any information given to them is confidential and can only be released with your consent. Though a lawyer’s main duty is to protect your interest, he is also an officer of the Court and must not mislead the court or assist you in any way to break the law. He is bound by a strict code of conduct and rules of etiquette.

WHEN YOU MAY WISH TO SEE A LAWYER

Generally you may wish to see a lawyer to :

• Get advice on a legal problem
• Represent you in court, if necessary
• Assist you in the handling of your legal rights.

You may therefore wish to see lawyer, in particular:

• When you are charged with a criminal offence, to seek advice on matters relating to your defence, and to represent you in court.
• When you wish to make a claim against another party you can ask a lawyer to file a claim for you and to represent you in court.
• When some other party has unfairly filed a claim against you in Court, you may wish to seek the help of a lawyer to defend the claim.

When you are in doubt over any matter relating to the law, it is advisable to consult a lawyer. This is for your own protection. Also, taking legal advice at an early stage could save you a lot of time, trouble and money.

SERVICES OFFERED BY LAWYERS

Lawyers can provide you with a variety of important and useful services. Some of the services provided by them are:

• To recover money owed to you.
• To advise you if you were involved in a traffic accident, in making a claim, as well as protecting yourself against claims from other parties.
• To advise you in a matrimonial dispute relating such as separation, divorce, maintenance and custody of children.
• To advice you on the procedures involved and conduct searches when buying & selling property or tenancies & taking loans.
• To advise you before you sign any important business or employment contract.
• To apply to court to enable the assets of the deceased to be dealt with, after a family member has passed away.
• To make a will so that your assets will be distributed according to your wishes after your death.
• To change your name
• To adopt a child
• Before you start a business or incorporate a company.
• To find out your legal rights in any matter.

HOW TO LOOK FOR LAWYERS

Lawyers are not allowed to advertise but the Bar Council publishes a directory of lawyers which contains names, addresses and other relevant information of all practicing lawyers in Malaysia.

The names, addresses and telephone numbers of lawyers and their firms can be found in the telephone directory.

Another method of choosing a lawyer is by personal recommendation of friends, colleagues and relatives.

SEEING A LAWYER

If your first contact with your lawyer is by telephone, inform him of your reason for consulting him/her and then make an appointment to see him/her.

At the meeting, bring along with you all relevant documents and give your lawyer all the necessary information. It would be helpful to write down all the questions you would like to ask your lawyer.

If you wish, you may also ask your lawyer about the amount of work involved and how long your matter would take.

Remember: Lawyers are there to assist and advice.

LEGAL FEES

The fees payable by you will generally depend on the amount of work done on your behalf, the time taken and the difficulty of the work involved. In some cases, the fees payable by you are fixed by law e.g. the buying and selling of property.

It is common for lawyers to ask you to place a deposit with them before they begin work on your behalf. You can request for a receipt for any money placed by you with a lawyer.

Always feel free to discuss the question of fees with your lawyer. This is to avoid misunderstanding. If you are unhappy with the fees charged to you, discuss the matter with your lawyer first. If the matter cannot be resolved, you may ask your lawyer to arrange for his bill to be taxed i.e. decided by the court.

LEGAL AID

If there is a need for you to see a lawyer but you cannot afford to pay his fees, you may seek help from a Legal Aid Centre run by the Bar Council. The Legal Aid Centre in Kuala Lumpur is situated at:

Tingkat 6, Wisma Kraftangan,
No.9, Jalan Tun Perak,
50050 Kuala Lumpur.
Tel: 03-2691 3005, 2693 2072 Fax: 2693 0527

Legal Aid Centres are located in most cities and towns in Peninsular Malaysia.

The Centres provide representation for all criminal matters for all those who qualify except offences that carry capital punishment (i.e. death and life sentence) and render legal assistance for all civil matters except matters relating to recovery of debts and motor accident claims.

The Government also runs a Legal Aid Scheme for people who need legal assistance but cannot afford to pay fees. The Government Legal Aid Bureau has offices in all major cities and towns in Malaysia and their office at Kuala Lumpur is situated at:

Biro Bantuan Guaman,
Tingkat 1, Wisma Cyclecarry
Jalan Raja Laut, 50504 Kuala Lumpur
Tel: 2694 2700 Fax: 2694 0040

The Legal Aid Bureau renders assistance in most legal matters for those who qualify except legal representation for criminal cases.

It should be noted that a person seeking legal aid has to pass a strict Means Test to qualify for assistance from either the Bar Council Legal Aid Centre or the Government Legal Aid Bureau. You will be required to give information on your income, savings and property owned.

BAR COUNCIL

The Bar Council is the governing body for lawyers practicing in Peninsular Malaysia. It sets the standard of professional conduct which layers have to follow. If you are unhappy with services provided by your lawyer, you should first try to sort it out with him, as the problem may be the result of a misunderstanding or a breakdown in communication. If this is not possible you may wish to write to the Bar Council for assistance.

The address of the Bar Council is:

Bar Council,
No. 13, 15 &17, Leboh Pasar Besar,
50050 Kuala Lumpur, Malaysia
Tel: 03-2031 3003
Fax: 03-2026 1313, 2034 2825, 2072 5818
www.malaysianbar.org.my

Hire-Purchase

What Is Hire Purchase?

It is a system of buying things on credit whereby the seller of the goods is regarded as the dealer, the purchaser is regarded as the hirer and the finance company is the owner. The ownership of the goods bought on hire purchase does not pass to the hirer at the time of the hire purchase agreement or upon delivery of the goods. The ownership of the goods remains in the owner until the hirer has fully paid the price agreed upon in the hire purchase agreement.

What Goods Can I Buy On Hire Purchase?

You can buy all consumer goods on hire purchase as well as motor vehicles such as invalid carriages, motorcycles, motor cars including taxi cabs and hire cabs, good vehicles where the maximum permissible laden weight does not exceed 2540 kilograms and also buses including stage buses.

What Documents Must I Sign When I Buy Things On Hire Purchase?

All the parties must sign a hire purchase agreement and the agreement, among other things, must specify the date when the hiring commences, the number of instalments, the amount of each instalment, the time for the payment of each instalment, the description of the goods and where the goods are kept. Note that the agreement must be in writing. An oral agreement is not a valid hire purchase agreement.

Should I Sign A Blank Agreement Form?

Under no circumstances should you sign a blank hire purchase agreement form.

Do I Need A Guarantor?

The owner may require you to furnish information on or more guarantors to guarantee the performance of your obligation under the hire purchase agreement

How Much Is The Interest Payable?

The interest, often referred to as ‘Terms Charges’, shall not exceed 10% per annum.

How Much Deposit Should I Pay When I Buy Goods On Hire Purchase?

The deposit should not be less than 10% of the cash price of the goods bought. This means that the parties can agree to a deposit of more than 10% and the deposit may be paid in cash or in goods, or partly in cash and partly in goods.

What WIll Happen If I Default In My Payments?

The owner have the right to take possession of the goods if there have been two successive defaults of payments or a default of the last payment. Then the owner must serve on the hirer a notice in writing intending to re-possess the goods after a period of not less than 21 days after the service of the notice of intention to re-possess. Thus it is essential that you are prompt in your instalment payments.

What Procedures Must The Owner Follow When He Comes To Reposses The Goods?

If the owner comes personally to repossess the goods then he must produce his identity card and provide the hirer with the name and address of the company to which he belongs. If the owner sends his servant agent or employee then the person concerned must produce and show his identity card and his authority card. The authority card must bear the photograph of the servant agent or employee, his name and address, the name and address of the owner, the nature of appointment of the servant agent or employee and the signature of the owner.

What Will Happen If The Good Are Repossessed?

When the owner re-possesses the goods he must, within 21 days serve on you and the guarantor(s), if any, a notice in writing informing you that if within 21 days after service of the notice, you pay the owner the amount due or remedy any breach and pay the reasonable costs incurred, the owner shall forthwith return the goods, within the time provided for, from the owner after the goods have been re-possessed, the owner will sell the goods usually by public auction or by tender. If the amount recovered form such sale by the owner is less than the amount due to the owner, then the owner shall sue you and the guarantor for the deficit sum.

Can I Complete Payment Of The Instalments Earlier Than The Date Agreed Upon?

The hirer can complete the hire purchase agreement earlier than the date originally agreed upon by paying the balance due at any time during the existence of the agreement or where the owner has repossessed the goods the hirer can complete the agreement by paying the owner within 21 days, the net balance due as well as reasonable costs incurred by the owner for storage, repair and maintenance of the goods repossessed.

Lahir nya arif di dunia cobaan ini…

Now arif dah 1 tahun umur nya… dia lahir pada 28 October 2007. dia premature baby.. just 7 bulan je dia lahir dengan berat1.8kg.. aduhh kecik nye aku tengok arif nie… nak pegang pun takut…. Kesian nye…

Selepas kejadiaan tersebut kisah tragis dalam hidup aku dulu.., aku membuat keputusan untuk melepaskan dan melupakan  dia dan ingin hidup sendiri bersama anak aku dan ingin melupakan sejarah hitam itu. Tetapi, tanpa disangka, aku dapat tahu, aku mengandung dan di sahkan oleh doctor atas kandungan aku.

Aku menghubungi dia memberi tahu pada nya aku mengandung…. Sungguh terkilan jawapan yang diberi..…. Sumpah aku tak kan hubungi kau walau idup mati aku sekali pun”

Aku menangis… menagis… menangis..saban hari… aku bukan menyesal… aku terkilan… perlukah aku lahir kan anak yang bakal melihat dunia yang penuh cabaran dan dugaan ini? perlukah aku biarkan dia lahir dan akan bertanya2 siapa dia? Siapa ayahnye suatu hari nanti? Aku ilang akal… aku tak tahu apa perlu aku buat ketika itu…

Sungguh malang nasib mu anak… maaf kan mama kerana lahirnya di didunia ini tanpa papa… tanpa kasih sayang nya….

Aku nekad…. Atas nasihat kawan-kawan aku di forum KMC… 80% mengatakan lahir kan lah…jgn di buang…. Aku nekad .. aku akan lahirkan bayi ini … moga dia mengubat luka ku.. mengubat kesunyian hakim (si abang ) ….

Usia kandungan aku makin lama makin membesar.. pendapatan aku rasa nya tidak mencukupi untuk menampuang idup kami berdua…dan anak dalam kandungan… untuk mendapat duit sampingan di dalam keadaan aku memboyot…balik kerja amik anak aku di babysitter… aku membeli di kedai barang2 keperluan untuk membuat kuih… malam sesampai aku dirumah… aku dah start buat kuih mcm kuih… awal pagi pukul 4.00pg.. aku bangun buat kuih dalam pukul 6.00 aku dah keluar rumah pergi gerai mak aku untuk hantar hasil kuih yang aku buat.. dan di jualkan di sana… hari2 rutin harian aku mcm tu… makin lama .. makin memboyot perut aku.. kesakitan nye terasa.. mungkin aku tidak cukup rehat… tidak ckup tido… ya la.. awal pagi dah bangun untuk buat kuih… dari itu la hasil aku dapat untuk membeli keperluan anak2 aku…

6 bulan usia kandungan aku… sakit yang teramat… tak bermaya badan aku….

Kerana terlalu penat… 7 bulan usia kandungan aku…. Aku di masukkan kedalam wad kerana dah tiba masanya dia nak keluar.. 3 cm pintu rahim aku terbuka… dan aku dimasukkan di dalam bilik bersalin.. gerunnnn…. Ya Allah… kuat kan la semangat aku… aku ada rasa terharu juga… org lain di sana… di temani suami tercinta ketika hendak bersalin… aku? Ah… sorang2 menarung kesakitan.. tanpa suami disisi… kesakitan teramat sgt… doctor memaksa aku meneran… tapi baby tak nak keluar… walau pun pintu rahim dah cukup besar untuk dia keluar… tiba.. denyutan jantung bayi tiada lagik…. Doctor jadi panic… mereka memasukkan tiup dan mencari denyutan jantung tersebut…aduhhhh sakit nya Ya Allah…. Kesakitan yang teramat sgt…. Ketika itu kesakitan itu sehingga kesukaran utntuk aku bernafas… aku hanya berserah… seandainya aku idup aku bersyukur..seandainya aku tak ada… aku takut… bukan aku takut mati… aku takut siapa yang akan jaga anak2 aku… berlinang air mata aku… ketika itu… aku tak bermaya…. Berita gembira…. Jantung baby dah jumpa…. dia tetap tak nak keluar… tolong la mama….. keluarla sayang….

Aku mengumpul sepenuh tenaga untuk meneran sekuat hati aku dengan

di ikuti jeritan aku…. Pop!!! Keluarla si baby comel… baby lelaki… ketika itu aku keletihan yang teramat sgt.. lemah tak bermaya… aku mencium bayi aku dengan penuh kasih dah sayang….

Ye… si arif . Muhammad ikhwan arif.. premature… 1.8 berat nye.. 12 jam aku bertarung dengan maut .. bertarung dengan kesakitan…

Gambar nie saje aku ada semasa dia baru saja di lahirkan…. Bersama abang tersayang…

Ini ketika umur nya 1 bulan.. wajah nye kuning… masuk wad hamper 2 minggu….

SELAMAT PENGANTIN BARU ADIK KUSSS!!

perkahwinan diantara adik aku FEREDIS & SHIKIN.

pernikahan berlancar pada 8 August 2008.

kami berkumpul di masjid sri petaling.. (lupa la nama masjid tuu... )

ada beberapa bakal2 pasangan yang ingin bernikah.. tak silap aku dalam 5 org pasangan... kami semua di panggil oleh tok imam agar berkumpul dan duduk didalam majlis kerana aturcara pernikahan dah nak bermula.. sepatutnya keluarga kami giliran pertama.. akhir nya jadi giliran ke 2 memandangkan bakal pengantin perempuan LAMBAT..!! mula geram gak… lama gak tunggu… arrkkkhhh…. Kaki aku dah naik kebas dah…

nasib baik sampai.. tu pun dokek sejam gak tunggu…

kami mendengarkan la pasangan pertama akad nikah.... adussss... 5 x akad nikah tak leh sebut nama perempuan... sampai ke binti sampai ke duit mas kawin jadi silap... yang best nye pakai microfone...hahahaha membuatkan pasangan-pasangan lain gementar... hahahahaaku goli ati.. asik tergelak je... aku nie jenis gelak berbatu2 leh dengar.. cukup puas aku nak cover.. nasib baik masjid.. kalau tak aku dah terguling2 ... sampaikan tok imam pun mengucap... kesian dia... gabra punya pasal... heheheheh akhirnya SELAMAT DI IJAB DAN DI KABUL KAN... alhamdullilah.... mybe.. mamat tu malu giler dah... kalau aku situasi mcm tu.... mau aku sebagai pengantin perempuan PENGSAN.. nak tutup malu nye pasal....

aku tengok muka adik aku sikit punya gabra .. pucat... hahhah

sampai la giliran adik aku.. hahahahah.. aku tengok terketar2 gak tangan dia... atas pengajaran dengan mamat tadi tu... alhamdullillah.. sekali je dia sebut... selamat!! hahahah

part sarung cincin tukar gelang tangan ... ... ngan cium dahi terketar beb... tangan nak nak psang gelang.... sampau lupa nak cium dahi... ramai2 kami semua jerit... WOOOIII cium ler dahu tu... lagi la tersipu2 si pengantin... heheeheheh apa pun... TAHNIAH ATAS tidak malukan kita org ... hahahah... kalau bekali2 mau org gelak kan aku..sebab aku gelak kan org bukan MAIN!

GINI ler rupanya selepas selesai akad nikah.. seri2 pengantin:p dan penuh kebanggaan.. sebab tak perlu repeat panjang LEBO senyum... tahniah adik KUSSSSS...