What should you do if you lost your original title in Sarawak

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Sarawak: What should you do when your original individual/strata title lost?

TAKE NOTE that ownership of an immovable property is evidenced by having one’s name registered on the individual/strata title (provided that the same has been issued by the relevant authorities).

If you lost your original individual/strata title of your immovable property in Sarawak, you can refer to the table below:-

Steps Particulars Remark Time Required Can a lawyer help?
1 First of all, you should have the particulars of the immovable propertyYou can conduct a land search* of your immovable property to get the particulars
  • if you do not have the details, you can request the same from the lawyer who in-charge of the sale and purchase of the immovable property
  • you have the details OR you have a photocopy of the individual/strata title, you can conduct the land search at the Land & Survey, Sarawak OR at the lawyer firm
 On the spot Yes.
2 Make a police report* that you have lost the original individual / strata title of your immovable property
  • specify the particulars
  1. Particulars of the immovable property
  2. Full name and IC no. of the registered proprietor(s)
  3. Date, time, venue of the loss

TAKE NOTE: make sure the police report is original copy with an official chop

 On the spot No. You need to lodge the police report by yourself.
3 Make a Statutory Declaration*
Sign the same before Commissioner for Oaths
  • you can get a lawyer to prepare the Statutory Declaration
  • if the registered proprietor of the immovable property more than one person, all of the co-registered proprietors must sign the Statutory Declaration (can combine all signature in one Statutory Declaration OR do separate Statutory Declaration)
  • the Statutory Declaration shall be affirmed before a Commissioner for Oaths
 3-5 working days (depends on your lawyer)

On the spot

 Yes.
4 Stamping of the Statutory Declaration Stamping the affirmed Statutory Declaration at Lembaga Hasil Dalam Negeri Malaysia (by paying a nominal fee) 3-5 working days
(generally)		 Yes.
5 Application at Land and Survey Sarawak
Signing relevant form at Land and Survey Sarawak (branch)

    Documents required:

  1. Certified true copy of the Land Search
  2. Original police report
  3. Original Statutory Declaration (duly affirmed and stamped copy)
  4. Certified true copy of the IC of the registered proprietor
  5. Latest paid quit rent & assessment receipt

*you can get a lawyer to certify true copy of the necessary documents for you

 If more than one registered proprietor, ALL of the co-registered proprietors SHALL attend the land office to sign the relevant form before the land officer 3-6 months
(generally)		 Yes.
Note:
When you appoint a representative to submit the application on behalf of you:-

    Land office requires each original copy of

  1. duly affirmed and stamped Authorization Letter by the sole registered proprietor/co-registered proprietors
  2. Statutory Declaration by the appointed representative

And certified true copy of the representative’s IC
And the representative must present the original IC to the land officer for verification during submission

If you have any questions or require any additional information, please contact our lawyer that you usually deal with.

This article is written by 
Amy Lo Mei Chin
Partner, Lo & Partners

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