NATIONAL LAND CODE

(Act 56 Of 1965)

DIVISION IV - ALIENATED LANDS: DEALINGS

PART THIRTEEN - GENERAL

Section 211. Attestation of instruments of dealing.

(1) Every execution by a natural person of any instrument effecting any dealing under this Act shall be attested in accordance with the following provisions of this section by one of the officers or other persons specified in that behalf in the Fifth Schedule:

Provided that this requirement shall not apply to the execution of any such instrument by -

(i) the State Director,

(ii) the Registrar,

(iii) any Land Administrator,

(iv) any officer of the Court, or

(v) the Official Administrator.

(2) The attestation clause to be used in any case shall be that shown in Form 13B; and the position thereof in the instrument shall be immediately after the execution to which it relates.

(3) The officer or other person attesting any execution pursuant to this section shall sign the attestation clause and, if he has a seal of office, authenticate his signature with that seal.

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MODIFICATION

Federal Territory of Labuan (Extension and Modification of National Land Code) Order 2009. - P.U.(A) 454/2009

(1) Every execution by a natural person of any instrument effecting any dealing under this Act shall be

attested in accordance with the following provisions of this section by one of the officers or other persons specified in that behalf in the Fifth Schedule:

Provided that this requirement shall not apply to the execution of any such instrument by -

(i) the State Director,

(ii) the Registrar,

(iii) [Deleted],

(iv) any officer of the Court, or

(v) the Official Administrator.

FIFTH SCHEDULE [Section 211] - Officers Or Other Persons To Attest Executions Of Instruments Effecting Dealing Under Act

FIFTH SCHEDULE

(Section 211)

OFFICERS OR OTHER PERSONS TO ATTEST EXECUTIONS OF INSTRUMENTS EFFECTING 

DEALINGS UNDER ACT

1. Every execution by a natural person of any instrument effecting any dealing under this Act, other than an instrument in respect of any land referred to in paragraph 3, shall be attested by any of the following officers or other persons: 

(1) In any State to which this Act applies -(a) a Magistrate; 

(b) the State Director; 

(c) the Registrar; 

(d) a Land Administrator; 

(e) an advocate and solicitor; 

(f) a notary public.

(2) In the State of Sabah-(a) a Magistrate; 

(b) a Land Administrator; 

(c) an advocate.

(3) In the State of Sarawak-(a) a Magistrate; 

(b) the Director of Lands and Surveys; 

(c) a Superintendent of Lands and Surveys; 

(d) an advocate.

(4) In the Republic of India-(a) a Registrar of a High Court; 

(b) a District Magistrate, a Presidency Magistrate, or a Magistrate of the First or Second Class; 

(c) a notary public having an official seal; 

(d) the High Commissioner, the- Deputy High Commissioner, or any Secretary or Attache of the High Commission of Malaysia.

(5) In the Republic of Pakistan-(a) a Registrar of a High Court; 

(b) a District Judge; 

(c) a Magistrate of the First Class; 

(d) a notary public having an official seal; 

(e) the Ambassador, the Charge d'Affaires a.i., or any Secretary or Attache of the Embassy of Malaysia.

(6) In the Republic of Singapore-(a) a Registrar of the High Court; 

(b) a District Judge; 

(c) a Magistrate; 

(d) a notary public having an official seal; 

(e) the High Commissioner, the Deputy High Commissioner, or the First Secretary of the High Commission of Malaysia.

(7) In the Republic of Sri Lanka-(a) a Registrar of the High Court; 

(b) a Magistrate; 

(c) a notary public having an official seal; 

(d) the High Commissioner, the Deputy High Commissioner, or any Secretary or Attache of the High Commission of Malaysia.

(8) In the State of Brunei-(a) a Registrar of the High Court; 

(b) a Magistrate; 

(c) a notary public having an official seal.

(8A) In the State of Taiwan- 

The following officials of the Malaysian Friendship And Trade Council:(a) the President; 

(b) the Deputy President; 

(c) the Economic Director.

(9) In any Commonwealth country other than those referred to in the preceding subparagraphs-

(a) the High Commissioner of Malaysia, the Deputy High Commissioner of Malaysia or any Secretary of the High Commission of Malaysia; 

(b) a notary public having an official seal; 

(c) any person or class or description of persons approved in that behalf by the Minister on the recommendation of the National Land Council.

(10) In any place other than those referred to in the preceding subparagraphs-(a) a diplomatic officer of Malaysia; 

(b) any person or class or description of persons approved in that behalf by the Minister on the recommendation of the National Land Council.

2. References in subparagraph (2) to (10) of paragraph 1 to the officers or persons specified therein are references to such officers or persons as so defined in the appropriate law of, or otherwise referred to as such in, that State, country or place, as the case may be. 

3. Subject to paragraph 4, every execution by a natural person of any instrument effecting any dealing under this Act in respect of any of the following lands shall be attested by a Land Administrator:

(1) a Malay holding under the Malay Reservations Enactment of the Federated Malay States, the Malay Reservations Enactment of Johore, or the Malay Reservations Enactment of Terengganu; 

(2) reservation land held by a Malay under Enactment No. 63 (Malay Reservations) of Kedah, the Malay Reservations Enactment of Kelantan, or the Malay Reservations Enactment of Perlis; 

(3) reservation land held by a Siamese under Enactment No. 63 (Malay Reservations) of Kedah, or the Malay Reservations Enactment of Perlis; 

(4) Land that is subject to Part VIII of the National Land Code (Penang and Malacca Titles) Act 1963.

4. The requirement for attestion by a Land Administrator under paragraph 3 shall not be applicable to:(1) any instrument of charge in respect of any land referred to in that paragraph executed by a person under a power of attorney on behalf of a body corporate or a company, provided that such body corporate or company is allowed to be a chargee under the appropriate Malay Reservations Enactment; 

(2) any instrument of discharge of charge.

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Note:

Provisions of the National Land Code

Modification

In its application to the Federal Territory of Kuala Lumpur:[Deleted by P.U.(A) 220/2004]

[Former section reads as:

Delete subparagraph 1(1)(b).see P.U (A) 183/75]

Fifth Schedule In its application to the Federal Territory of Putrajaya:-

Delete subparagraph 1(1)(b).

[P.U.(A) 213/2001]

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MODIFICATION

Federal Territory of Labuan (Extension and Modification of National Land Code) Order 2009. - P.U.(A) 454/2009

1. Every execution by a natural person of any instrument effecting any dealing under this Act, other than an instrument in respect of any land referred to in paragraph 3, shall be attested by any of the following officers or other persons: 

(1) In any State to which this Act applies -(a) a Magistrate; 

(b) the State Director; 

(c) the Registrar; 

(d) a Land Administrator; 

(e) an advocate and solicitor; 

(f) a notary public;

(g) a commissioner of Oath.