SEC. 207(1) & FIRST SCHEDULE

TO SPECIFY:-1. NAME AND ADDRESS OF THE PARTIES

INVOLVE – SEC 2082. DESCRIPTION AND PARTICULARS OF LAND –

SEC.209

TO ENSURE PARTIES HAVE POWER TO SIGN INSTRUMENT – SEC. 43 SIGNING OR AFFIXING HIS THUMBPRINT FOR INDIVIDUALS; OR SEAL OF COMPANY ACCORDING TO COMPANY’S CONSTITUTION FOR

CORPORATION; INSTRUMENT M/BE SIGNED BY AN ATTORNEY BY VIRTUE OF POWER OF

ATTORNEY. SIGNATURE SHALL BE IN PERMANENT BLACK OR BLUE-BLACK INK – TENTH

SCHEDULE

EXECUTION OF ANY NATURAL PERSON NEEDS TO BE ATTESTED BY ONE OF OFFICER IN THE FIFTH SCHEDULE – SEC, 211

INSTRUMENT OF DEALINGS NEED TO BE STAMPED – SEC. 294(1)(a) & STAMP ACT 1949

UNLESS EXEMPTED FROM STAMPING UNDER ANY WRITTEN LAW BUT ENDORSEMENT HAS TO BE MADE ON THE INSTRUMENT ITSELF BY DEPUTY COLLECTOR OF STAMP DUTY

registrar shall note time of presentation – sec. 292(3)

instrument presented shall be accompanied by: registration fee – sec. 293(1)(a) idt – sec. 306(a) other documents such as power of attorney agreement, if ant – sec. 294

TO CHECK ON FITNESS OF INSTRUMENT BEFORE REGISTRATION

IN PROPER INSTRUMENT OF DEALING; INSTRUMENT IS SIGNED AND ATTESTED; DEALINGS DOES NOT CONTRARY TO ANY

WRITTEN LAW OR RII; INSTRUMENT IS DULY STAMPED; ANNUAL RENT IS PAID – SEC. 301A

REGISTRAR SHALL SUSPEND AN INSTRUMENT FROM REGISTRATION – SEC. 298(2)

REGISTRAR SHALL GIVE NOTICE TO AND TIME FOR THE PERSON WHO PRESENTED THE INSTRUMENT TO COME AND RECTIFY THE ERROR OR DEFECT. SEC. 298(3)

IF THE PERSON FAILED TO RECTIFY WITHIN SPECIFIED TIME, INSTRUMENT WILL BE REJECTED AND RETURNED TO THE PRESENTER – SEC. 298(4)

ANY PERSON WHO PRESENTED THE INSTRUMENT CAN WITHDRAW THE INSTRUMENT AT ANY TIME BEFORE REGISTRATION AFFECTED.

REGISTRAR SHALL REGISTER INSTRUMENT. WHAT CONSTITUTE REGISTRATION ? SEC.

304(2) MAKE A MEMORIAL UNDER HIS HAND AND

SEAL ON THE RDT; COMPLETE THE PART OF HEADING ON THE

INSTRUMENT ITSELF

Case: Mohd Buyong. – Transfer F14A was signed by A claimed to be Attorney for B to transfer land to C. During presentation of transfer, an entry (memorial) was made on register. It was bare entry and not signed by Collector. After examination, Collector found out that the original title was not enclosed and the P/A agreement was not signed. Entry on the register was deleted. A claimed that registration was completed when an entry was made on the register. Court held, registration is effected when memorial is made on the RDT under the hand and seal of the registering authority.

Power of correction may be confined only to errors or omission made by the registering authority and not any other party

Case : Island Peninsular Development Bhd & Anor.

Sec. 340(1) Teh Bee v. K . Maruthamuthu