Tee bee case presentation
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This document discusses the procedure for acquiring state land under the National Land Code (NLC) of Malaysia. It summarizes a court case where an applicant paid the land revenue amount 8 months after the specified deadline in the notice. A third party challenged the alienation, arguing the approval had lapsed. However, the court held that the state authority accepting late payment implied a fresh approval. The decision showed that paying land revenue within the deadline is not mandatory under NLC, and the registration of title is the primary consideration in establishing ownership of the land.
Tee bee case presentation
- 1. HOW TO ACQUIRE THE ALIENATION OF THE STATE LAND? REFER TO SECTIONS 181-182 NLC 1- obtain the approval of state authority 2- if it is approved, certain sums of money become payable to it as land revenue under section 81(1) of NLC 3-the collector issues a notice in form 5A under section 81(2) NLC requiring the intended proprietor to pay the revenue within time stipulated in the notice. if sum not paid within specified time the approval of the state authority lapses under section 81(2). Issue- what happened if this procedure is not followed?
- 2. THE BEE V MARUTHAMUTHU -The Bee (TB), an applicant of land under alienation made payment of land revenue beyond specified time. She supposedly pay the sum 3 months from the date mentioned in Form 5A with was in NOV 16, 1966. But she pay the sum 8 MONTHS AFTER THE STIPULATED DATE! -Payment was still accepted and registration of title in her name was perfected. -A TOL holder, B, who occupied the land in question challenged the alienation to A and claimed that approval had already lapsed when payment was made, therefore SA has acted Ultra Vires the NLC. Held- SA did not ultra vires NLC. At the time payment was made, there was no other applicant and when SA accepted the payment means that it has given a fresh approval. Decision shows that: -Payment of land revenue to be made within time is not mandatory, only directory; SA has the discretion to accept payment even if made beyond time limit. -No need to really follow the procedure to apply for the alienation of land under NLC, as long as the title is registered under the applicant’s name, he has indefeasible title over the land. Under Torren System- the registration of title is everything !