Abstract
It is a common dealing of the land partition in Malaysia especially for the land which involved the multiple ownership or co-proprietorship. However, it does not seem to be an easy task for partitioning a jointly-owned land as the partition of land is enmeshed with a set of complicated processes which must be undergone from the application until the issuance of the new document of title of the land to each co-proprietor. During the partition process, a sequence of possible legal issues may also be triggered which will eventually cause the rejection and failure of the partition. Hence, this paper is written to investigate the prevailing topics of the partition of land which may concentrate on the controvertible issue of jurisdiction in determining the application of the partition of land between the administrative body of the Land Administrator and the judicial mechanism of the court of law and the available consequence orders following the termination of the co-proprietorship of the land. The findings of this paper indicated that without prejudicing to the power and jurisdiction of each other, both the Land Administrator and the court of law shall have its jurisdiction to determine the application of the partition of land independently at the first instance as the power conferred by the law under Section 142 and Section 145 of the National Land Code respectively. Upon comprehensive analysis of the study, it is recommended that clear guidelines and procedures particularly in clarifying the jurisdiction issue for applying the partition of land between the Land Administrator and the court of law must be made by revising the relevant impugned legal provisions of the NLC.
Ngau Hwa Wei, Universiti Utara Malaysia
hwaweingau@gmail.com
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Interesting!