b) BIDIN DISCOVERED THAT THE TITLE HAS NOT BEEN

REGISTERED IN KASEEM’S NAME. HE DECIDED TO TERMINATE

THE SALE AND PURCHASE AGREEMENT AND REQUESTED
KASEEM TO REFUND HIS MONEY. KASEEM CLAIMED THAT
BIDIN HAS NO VALID REASON TO TERMINATE THE
AGREEMENT .
 ALIENATION
SECTION 76
• ANOTHER MODE OF DISPOSAL OF STATE LAND – SEC
42 (1) (a)
• TO CONVEY OR GIVE AWAY A RIGHT AND TITLE OF A
PIECE OF STATE LAND
 ALIENATION PROCESS
APPROVAL STAGE
APPLICATION FOR
AND CONDITIONS PAYMENT OF
THE LAND UNDER
TO BE IMPOSED BY LAND REVENUE
ALIENATION
SA

SURVEY (FOR
PREPARATION OF
REGISTRATION ISSUANCE OF
TITLE
TITLE)
 SECTION 76, ALIENATION CONSISTS
OF :
• (a) TERM NOT EXCEEDING 99 YEARS; OR
• (aa) PERPETUITY (FOREVER);
• PAYMENT OF RENT;
• PAYMENT OF PREMIUM;
• SUBJECT TO CATEGORY OF LAND USE;
• SUBJECT TO CONDITION AND RESTRICTION IN INTEREST
UPON THE APPROVAL OF ALIENATION
APPLICATION
• STATE EXECUTIVE COUNCIL (EXCO) WILL MEET AND DISCUSS THE APPLICATION OF
THE LAND FOR ALIENATION. (SIDEK MOHAMMED, KABRA HOLDINGS)
• IF THE APPLICATION APPROVES, THE FOLLOWING MATTERS WILL BE DISCUSS AND
DETERMINE;-
• SEC 76 (a) – TERMS OF ALIENATION
• SEC 76(b) – APPLICATION MUST PAY THE ANNUAL RENT;
• SEC 76 (c) – APPLICANT MAY HAVE TO PAY PREMIUM (AT THE SA’S DISCRETION)
• SEC 76 (d) – LAND ALIENATED WILL BE SUBJECT TO THE CATEGORY OF LAND USE;
• SEC 76 (e) – SA MAY IMPOSE CONDITION OR RESTRICTION IN INTEREST ON THE TITLE
 PAYMENT OF LAND REVENUE
• ALIENATION IS SUBJECT TO PAYMENT TO LAND REVENUE

SEC 5 – EVERY SUM DUE TO THE SA CAN BE EITHER PREMIUM OR

RENT PAYABLE IN RESPECT OF ALIENATED LAND; OR CANE BE FEES
UNDER ANY LICENSE OF PERMIT RELATING TO THE LAND

PAYMENT OF LAND REVENUE TO BE MADE BEFORE THE ALIENATION

TAKES EFFECT
ITEMS OF LAND REVENUE TO BE PAID
UPON APPROVAL – SECTION 81(1)
AFTER THE APPLIACTION HAS BEEN APPROVED, THE FOLLOWING
ITEMS OF LAND REVENUE TO BE PAID TO THE STATE AUTHORITY:-
• 1ST YEAR ANNUAL RENT
• PREMIUM IF ANY;
• AMOUNT OF ANY SURVEY FEES;
• FEES FOR PREPARATION AND REGISTRATION OF DOCUMENT OF
QUALIFIED TITLE AND FINAL TITLE
SECTION 81 (2)- TIME FRAME TO MAKE
PAYMENT
• THE COLLECTOR BY NOTICE IN FORM 5A SHALL REQUIRE
PROPRIETOR TO PAY THEM (SUMS DUE) WITHIN A SPECIFIED
TIME.
• IF THE PAYMENT IS NOT MADE WITHIN THE TIME LIMIT, THE
APPROVAL SHALL LAPSE. (TEH BEE).
 SEC 82 - DEPOSIT
• SA MAY ALSO ASK FOR DEPOSIT BE PAID APART FROM THE
LAND REVENUE
• NOTICE IN FORM 5A WILL BE SERVED ON THE APPLICANT FOR
PAYMENT OF DEPOSIT WITHIN SPECIFIED TIME
• IF FAILS TO DO SO, APPLICATION DEEM WITHDRAWN.
 SEC 83 - SURVEY FOR ALIENATION
UNDER FINAL TITLE
WHEN ALIENATION IS APPROVED AND PAYMENT OF LAND REVENUE
IS MADE, TITLE WILL ISSUED TO THE APPLICANT. BEFORE THE TITLE
CAN BE ISSUED, SURVEY TO THE LAND MUST FIRST BE DONE.
• SA WILL CONDUCT A SURVEY TO DETERMINE BOUNDARIES
ACCORDING TO SEC 396
• SURVEY IS CARRIED OUT BY SURVEY OFFICER APPOINTED UNDER
NLC OR BY LICENSED SURVEYOR REGISTERED UNDER LICENSED
LAND SURVEYORS ACT 1958.
• THE ACTUAL AREA OF LAND FOR ALIENATION AT THE TIME
OF APPROVAL IS PROVISIONAL.
• AFTER SURVEY, IT MAY BECOME SMALLER OR BIGGER BUT
THE AREA SHOULD BE AS NEAS AS WHAT IS STATED IN THE
PLAN AND DESCRIPTION TO WHICH HAVE BEEN APPROVED.
• IF LAND BECOMES SMALLER, MEANS LAND REVENUE MAY BE
OVERPAID, SA WILL REFUND ACCORDINGLY; OR
• IF LAND BECOMES BIGGER, LAND REVENUE IS UNDERPAID, SA
WILL ADD TO RENTAL NEXT DUE.
SEC 77 (1) - PREPARATION OF TITLE
AFTER PAYMENT OF LAND REVENUE HAS BEEN MADE, SA WILL
DETERMINE WHAT FORM OF TITLE TO BE ISSUED:
• QUALIFIED TITLE; OR
• FINAL TITLE
 FINAL TITLE
SA WILL DETERMINE WHAT FORMS OF FINAL TITLE TO BE ISSUED
(DEPENDS ON THE TYPE OF LAND).
• REGISTRY TITLE – SEC 77 (3) (a)
VILLAGE/COUNTRY LAND EXCEEDING 4 HECTARES IN AREA AND
ANY PART OF FORESHORE OR SEABED
• LAND OFFICE TITLE – SEC 77 (3) (b)
RELEVANT FOR COUNTRY LAND NOT EXCEEDING 4 HECTARES IN
AREA.
SA MAY DIRECT TO ISSUED UNDER REGISTRY TITLE EVEN IT DOES
NOT EXCEED 4 HECTARES. – SEC 77 (3) (6)
 SEC 84 – RDT & IDT
AFTER SA HAS DETERMINE WHETHER LAND FALLS UNDER
REGISTRY TITLE OR LAND OFFICE TITLE, SA PROCEED TO
PREPARE 2 FORMS OF DOCUMENT TITLE.
• RDT – REGISTER DOCUMENT TITLE
• IDT - ISSUE DOCUMENT TITLE
 SEC 78(3)- REGISTRATION
• ALIENATION WILL ONLY TAKES EFFECT UPON REGISTRATION OF RDT.
• THE LAND WILL REMAINS A STATE LAND EVEN AFTER ALIENATION HAS
BEEN APPROVED UNTIL REGISTRATION IS COMPLETED. (DR. TI TEOW SIEW,
SIDEK HJ MOHAMMED).
• REGISTRATION CONSISTS OF AUTHENTICATION (SIGNED) AND SEAL OF
THE REGSITRAR/LAND ADMINISTRATOR ON THE RDT .
• SEC 89 – RDT SHALL BE CONCLUSIVE EVIDENCE OF ALL MATTERS
APPEARING IN IT.
• SEC 340, PROPRIETOR WILL GET THE INDEFEASIBILITY OF TITLE TO THE
LAND.
• ALIENATION OF STATE LAND UNDER THE FINAL TITLE SHALL BE
EFFECTED IN ACCORDANCE WITH SEC 83 – 92.
• ALIENATION OF STATE LAND UNDER QUALIFIED TITLE SHALL BE
EFFECTED IN ACCORDANCE WITH SEC 176 -182.

SEC 92 – ONCE FINAL TITLE HAS BEEN ISSUED:-

• IT CONFERS ON THE PROPRIETORS AN INDEFEASIBILITY TITLE.
• IT GIVES PROPRIETOR RIGHT TO DEAL WITH THE LAND.
• PROPRIETORS MAY SUBDIVIDE, PARTITION AND AMALGAMATE THE LAND.
• PROPRIETOR MAY TRANSFER, LEASE, CHARGE AND DISPOSE LAND BY
WILL.
• PROPRIETOR WILL ALSO BE SUBJECTED TO THE PARAMOUNT AND
SUBSIDIARY RIGHTS.
• IN THIS CASE, THE LAND IS STILL THE STATE LAND AND
KASEEM HAS NO RIGHT TO SELL THE LAND TO BIDIN.
• THE LAND IS STILL THE STATE LAND AS THE REGISTRATION
PROCESS IS NOT YET COMPLETED. ONCE THE REGISTRATION
IS COMPLETED, ONLY BY THEN KASEEM HAS THE RIGHT TO
SELL THE LAND TO BIDIN AS PROVIDED IN SECTION 92 AND
WELL EXPLAINED IN THE CASE OF DR. TI TEOW SIEW.
• THUS, BIDIN HAS THE RIGHT TO TERMINATE THE SALE AND
PURCHASE AGREEMENT AND GET HIS MONEY BACK.
HOWEVER, BIDIN ALSO HAS THE OPTION TO WAIT UNTIL THE
REGISTRATION COMPLETED IF HE STILL INTERESTED TO
PURCHASE THE LAND.