20190507 (Tue)
Indefeasibility of Title – what if a foreigner managed to register by fraud his ownership of agriculture land without being found out?
Isn’t indefeasibility of title the case it is? Thus, in such manner he owns the agricultural land as a foreigner?
S.13F has this mentioned.
S.13F Penalties for dealing in contravention of sections 13A, 13B, 13C and 13E
In this section, it basically points out 3 items:
1) That whatsoever that registered the foreigner as proprietor (owner) of inappropriate land is VOID.
2) That it shall be cancelled by the Registrar for whatsoever registered.
3) That it is an offence punishable with fine not exceeding RM50,000 (RM500 per day for further offence).
Hence, the indefeasibility of title in this case is overruled by Law. For example, a Native Area Land is sold to Mr James Lee Abdullah, who looks and talks like a native, but Not a native. This registration is VOID even though his name is registered as proprietor of the said Land. And, whoever who promoted such a registration is guilty of an offence. His registration shall be cancelled.
Therefore, whoever told you that you as a foreigner (including Non-Native) of Sarawak could buy a Native Land and subsequently convert to be Mixed Zone Land later, is contravening the law.
