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I purchased a land, prepared a trust deed and my brother holds the land in trust for me. Now he refused the transfer. How do I get back the land?

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asked on Dec 19, 2009 at 05:35
by   Adrian Hoh
edited on May 23, 2016 at 07:22
 
Need to seek your insights and knowledge on this matter.

Situation:
I have a piece of land that we (me and my brother) purchased some time back.
The land is placed in my brothers name but I did a security policy for myself (Trust Deed) which clearly states that at any point in time upon request the land has to be transferred back to me. I also placed a Caveat to prevent the property from being sold without my knowledge. This Deed was signed by my brother but I guess he totally forget about it. Now he is refusing to do the transfer.

Problem:
To my horror, I just noticed that on the property deed my brother's name does not indicate him as a trustee. I have requested to Land office to do a check on why it isn't there. They have yet to give me an update.

Questions:
1. If the land office isn't able to made the necessary changes to the Property Deed will my Trust Deed (which is signed by my brother) still hold its power in court?

2. What are the chances of me winning the case if I took it to court?

3. What is the possibility of me losing the case?

4. How can I guarantee that I get back my Land?

Please advice, I am so worried of losing everything now.

Thanks in advance.
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5 Answers

answered on May 9, 2016 at 21:28
by   gabuk
edited May 23, 2016 at 07:24
 
The trust deed needs to be registered at the relevant land office then only it will appear in the title.

Your caveat will only last for 6 years. 

For question 2, 3 & 4 please engage a lawyer.
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answered on Sep 13, 2017 at 05:43
by   Z A Rahman
You have lodged a caveat on the land title is a good move. The caveat helps to restrain the caveatee from dealing with the land in dispute pending the determination of the caveator’s interest in the land by the law court. 
 
Did you show the land officer the trust deed? 
 
I guess you have signed the 14A form as 'pemberi pindah milik' whilst your brother signed as 'penerima pindah milik' with the pentadbir tanah as the witness. 
 
There's a blank space in the 14A form where you have to state the 'balasan.' Whats the amount that you state? If both of you comply with the conditions stated in 14A,  the land officer treated the transaction as a normal one. 
 
No point engaging a lawyer at this point. Prepare a letter advising your brother to transfer back the land within 10 days.  Courier the letter to him and cc it to the Pentadbir Tanah of the district land office concerned. If he ignores your letter approach your brother again by discussing with him amicably and always avoid using abusive words. If he refuses don't panic. Lodge a police report.  Now courier the police report accompanied by your second letter. Always keep the courier slips and copies of your letters in a proper file as evidences.  
 
If he does not respond to your letter you message to him that he will be called by the police officer in couple of days to explain whether he actually purchased the land. If he said that he bought the land he has to show proof of a valid Sale & Purchase Agreement. 
 
Do you have the S & P agreement when you first purchased the land? You show to the police officer the agreement. Explain to the police officer with the proof of the trust deed that you made your brother as a trustee only because of .........etc. Mean while write a letter to the land office explaining concisely about how the problem arose accompanied by your trust deed and the police report.  The Pentadbir Tanah might call him for explanation.
 
If your brother is prepared to transfer the land to you get him sign the 14 A form in front of the land officer. 
 

However do the aboves first.
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answered on Sep 13, 2017 at 15:12
by   vkpc
Do you have the S & P agreement when you first purchased the land? You show to the police officer the agreement. Explain to the police officer with the proof of the trust deed that you made your brother as a trustee only because of .........etc. If he does not respond to your letter you message to him that he will be called by the police officer in couple of days to explain whether he actually purchased the land. If he said that he bought the land he has to show proof of a valid Sale & Purchase Agreement.

Not true.  Police will not ge involved in civil cases.
They will just accept the police report and then stamp NFA. ( No Further Action )
 
Mean while write a letter to the land office explaining concisely about how the problem arose accompanied by your trust deed and the police report.  The Pentadbir Tanah might call him for explanation.


Land Office will also not get involved in civil disputes.
They will not call anybody up.
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answered on Sep 13, 2017 at 15:18
by   vkpc
2. What are the chances of me winning the case if I took it to court?

It depends on
a. How strong is the agreement, how was it worded, whether stamp duty was paid on the agreement etc.
b. How good your lawyer is and how good his lawyer is.
c. Other factors such as limitation of time to sue or the expiry of the agreement

If you ask any lawyer this question, 90% will tell you "can win" because they want your business.
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answered on Sep 13, 2017 at 15:23
by   vkpc
d. What was the consideration that made you and him do this kind of arrangement,
and whether it was due to a illegality.

For example, if you put his name on the land to avoid the land being taken by creditors or your ex-wife, that act is an illegality which makes the agreement/trust deed/contract null and void.
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