A comparative analysis of the application of joint tenancy in the administration of real property in Malaysia, Singapore and Australia

Arshad, Azhani and Mohd Yusoff, Rahmawati and Mat Ali, Syuhaeda Ani and Halim, Akmal Hidayah and Adnan, Nur Akmal (2023) A comparative analysis of the application of joint tenancy in the administration of real property in Malaysia, Singapore and Australia. Planning Malaysia, 21 (3). pp. 196-208. ISSN 1675-6215 E-ISSN 0128-0945

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Abstract

Joint tenancy has been applied when one of the joint tenants dies; the deceased's left portion must be given to the surviving joint tenant. The National Land Code (Act 828) acknowledges the concept of joint ownership in form of tenancy in common while the right of survivorship was only acknowledged in the National Land Code (Penang and Malacca Titles) Act 1963. Therefore, the research aims to explore the concept of joint tenancy and the existing laws governing the joint ownership in Malaysia. This research is based on the qualitative research and analysis of the primary and secondary materials through the governing statutes and reported cases. The research also explores the practice of joint tenancy in Singapore and Australia for comparative analysis. It is predicated that the application of joint tenancy would give the advantage to the surviving joint tenant towards the full enjoyment of the property.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Joint Tenancy, Right of Survivorship, Administration of Real Property
Subjects:	K Law > K720 Property Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Assoc Prof Akmal Hidayah Halim
Date Deposited:	21 Dec 2023 08:59
Last Modified:	21 Dec 2023 08:59
URI:	http://irep.iium.edu.my/id/eprint/109021

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