LAW NOTES : Land Law - Summary Notes for Land Law : Jual Janji

Sharing the notes  [2014]
"There is always a room for the readers to excite themselves with
 'CORRECTION' & 'CREATIVITY'".

JUAL JANJI



ü  This transaction is not recognized under NLC.
ü  Court only recognized this transaction under the contract of sale. – S.206(3)
ü  CONCEPT :
1.        The borrower will ‘transfer’ the land to the lender as security of loan transaction, and lender will ‘take possession’ of it.
2.       Upon the ‘take possession’, the lender may make out any profits from the lands, and those profits shall belongs solely to the lender, as symbolising an interest for the loan that he had given to the borrower.
3.       Remedy for the borrower
Ø  He can discharged the land (get back the land) after made a full payment within the period of time agreed.
4.       Remedy for the lender
Ø  He entitled with ‘absolute sale’(jual-putus) after the default in payment of the borrower due to expiry of date.

Contratual right - S.206(3) - A person will not be denied its contractual right even if the transaction upon the land was not done under NLC.



DONE BY ;

AMERA MOHD YUSOF
FACULTY OF LAW, UM

Comments

Post a Comment

Popular posts from this blog

Summary Note on Civil Procedure : Amendment of Pleading

Image
Assalam & salam sejahtera guys Here is the note on Civil Procedure : Amendment of Pleading ...................................Here it goes ........................................ 1.   AMENDMENT OF PLEADING & WRIT è 7 MATTERS TO BE DISCUSSED 1.      Basic principle 2.     Leave 3.     Times to amend 4.     Modes of application 5.     Writ’s consideration 6.     Amendment not allowed 7.     Other matters 1.   BASIC PRINCIPLE ©        Case: Clarapede v Commercial Union Asso. Held: No matter how negligence / careless / late the change is, it should be allowed as long as there is no injustice caused. There will be no injustice if the party can be compensated with cost. 2.   LEAVE §       QS: What I amending? Writ or leave? WRIT §   ...
Read more

EXAMPLE OF LEADING APPELLANT MOOTING'S SCRIPT

Image
Mooting Script for Leading Appellant GROUND 1 – REVOCATION OF ENTRY PERMIT IS NOT VALID Leading Appellant: May it please Your Lordship, my name is Miss Amera Mohd Yusof and I appear as senior counsel, representing the appellant.  My learned friend Miss Eisah Radiah Ramli will be junior council for the appellant. Across the way, Miss Nabilah Mohd Azmi will appear as senior counsel for the respondent and Miss Amelia Fazira Ayob will represent the respondent as junior counsel. The case before us concerns the issue of revocation of the entry permit and also demolishment of the appellant’s building. Do Your Lordship find a brief summary of the facts of the instant case helpful? If Your Lordship has no further questions on the facts of the case, I shall proceed to my submissions. My Lord, if I can refer you to the skeleton argument for the appellant, you will see that there are two ground of appeal. I will deal with the first ground and my learned junior wi...
Read more

Summary Notes on Law of Trust & Equity : Specific Rules in Interpreting the Wills

Image
assalam & salam sejahtera Law of Trust & Equity : Specific Rules in Interpreting the Wills .................................Here it goes................................... è   SPECIFIC RULES IN INTERPRETING THE WILLS ü   THERE ARE 4 GENERAL RULE USED BY COURT TO INTERPRET 1.        Literal rule : Give a literal approach on the words. 2.      Golden rule : 3.        Euisdem Generis rule : The words is interpret acc. to its class. Ø   Eg : ‘Money’ – can meant as house, prop., chattle, etc. è   FAILURE OF A GIFT UNDER THE WILL 1)     Disclaimer by the beneficiary. ü   TOWNSON v TICKELL ·          PRINCIPLE : A man is allowed not to accept any gift via the will if he choose to do so. He is however,    i.          ...
Read more