Keperluan pemakaian seksyen 141A Kanun Tanah Negara 1965 bagi urusan pecah bahagian tanah

Abstract

Partitions of lands is a method to terminate co-proprietorship by registering separate titles to be re-assigned on each proprietor respectively. Usually, the application of partitions of lands will be submitted with the consensus from all of the registered co-proprietors. However, any co-proprietor wishing to submit the application of partitions of lands without the consent from other co-proprietor(s), it is permitted under the provisions of the National Land Code (NLC) 1965, Section 141A. Therefore, this research was done to encourage the application of provisions under the Section 141A for the partitions of lands process. The Federal Territory of Kuala Lumpur Lands and Mines Office (PTGWPKL) has been chosen as the research area as PTGWPKL do not accept to process any applications under the Section 141A. This research covers the actual needs for Section 141A in the application of partitions of lands. The qualitative method was used in this study as the researcher needs to observe the respondent’s knowledge, experience as well as their reaction towards the title of this study. Interviews was done on 7 chosen respondents with land matters background and experiences related to verifying the approval partitions of lands to be approved by the Land Administrator such as subject matter expert, Chief Assistant District Officer, Assistant District Officer, Deputy Court Registrar, and Legal Advisor. The findings from the interviews has been analysed by using the descriptive analysis method. Based on the 2008 amendment, the number of applications for partitions of lands through the court under the Section 145 has been minimized. This research also found that the application of Section 141A clearly gives a lot of advantages to the applicants in dealing with the issues faced in obtaining the separate titles. Hopefully, the results gained from this study will benefit all parties involved in the application of partitions of lands without consensus.