Application of joint tenancy on real property and its impact under the law of succession in Malaysia

Arshad, Azhani and Mohd Yusoff, Rahmawati and Mat Ali, Syuhaeda Aeni and Halim, Akmal Hidayah and Adnan, Nur Akmal (2024) Application of joint tenancy on real property and its impact under the law of succession in Malaysia. PLANNING MALAYSIA: Journal of the Malaysian Institute of Planners, 22 (5). pp. 347-359. ISSN 1675-6215 E-ISSN 0128-0945

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Abstract

Joint ownership refers to property owned by two or more persons. Two significant forms of joint ownership in real estate exist joint tenancy and tenancy-in-common. Under common law, joint tenancy is applied as a mechanism for administering an estate, which takes effect after the joint owner's or joint tenant's death. The National Land Code (Act 828) recognises only tenancy-in-common tenancy rather than joint tenancy. Hence, this study proposes a regulatory framework and a suitable mechanism for the land conveyance process in the application of joint tenancy. This study is based on qualitative research and analysis of primary and secondary materials. For a comparative analysis, the study explores the law and practice of joint tenancy in Singapore and Australia for the dual legal and Torren systems. It is predicted that the joint tenancy application would give the proprietor more options in planning the management of his property and rightly give the surviving joint tenant full enjoyment of the property.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Joint-Ownership, Joint Tenancy, Tenancy-in-Common, Law of Survivorship, Law of Succession
Subjects:	K Law > K720 Property Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	Assoc Prof Akmal Hidayah Halim
Date Deposited:	26 Nov 2024 15:38
Last Modified:	26 Nov 2024 15:38
URI:	http://irep.iium.edu.my/id/eprint/116097

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