SINIAH @ ITAM BINTI SHARIF @ SHARIFF PENDAFTAR HAK MILIK NEGERI PAHANG

SINIAH @ ITAM BINTI SHARIF @ SHARIFF PENDAFTAR HAK MILIK NEGERI PAHANG

Applicant failed to prove on the evidence that the subject titles were conferred as freehold in perpetuity; the documentary chain of title demonstrates CTs were superseded by State Leases and PN titles with 99‑year tenures; no error was established that would justify correction under s.380 NLC; accordingly the...

Source-derived case information.

Citation
CB-24NCvC-131-05/2023 (Mahkamah Tinggi)
Parties
Applicant: Siniah @ Itam binti Sharif @ Shariff; Respondent: Registrar of Titles, State of Pahang (Pendaftar Hak Milik Negeri Pahang)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2024
Case Number
CB-24NCvC-131-05/2023 (Mahkamah Tinggi)
Procedural Posture
Saman Pemula Petisyen Mengenai Hakmilik Tanah / Judgment
Outcome
Application dismissed with costs
Legal Topics
Title Conversion, Freehold V Leasehold, Registrar Corrections (s.380 Nlc), Savings (s.4 Nlc), Historical Land Enactments
Land Law Property Law Administrative Law Title Conversion Freehold V Leasehold Registrar Corrections (s.380 Nlc) Savings (s.4 Nlc) Historical Land Enactments

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Parties

Siniah @ Itam binti Sharif @ Shariff

Applicant

Registrar of Titles, State of Pahang (Pendaftar Hak Milik Negeri Pahang)

Respondent

Procedural Posture

Saman Pemula Petisyen Mengenai Hakmilik Tanah / Judgment

  1. 1 Whether the subject titles (PN 3006 Lot 74; PN 3093 Lot 77; PN 3094 Lot 73) are void and should be declared freehold in perpetuity instead of 99‑year leases
  2. 2 Whether the Registrar committed an error in registering the titles as 99‑year leases and whether s.380 NLC entitles correction
  3. 3 Whether pre‑NLC grants/CTs created an indefeasible freehold right preserved under s.4 NLC 1965

Ratio Decidendi

Applicant failed to prove on the evidence that the subject titles were conferred as freehold in perpetuity; the documentary chain of title demonstrates CTs were superseded by State Leases and PN titles with 99‑year tenures; no error was established that would justify correction under s.380 NLC; accordingly the declaration sought was refused and the application dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Permohonan ditolak
  • Kos diberikan kepada Responden