Memorandum of Transfer (Sarawak)

 The Definitive Guide to MOT Procedures In Sarawak

Before presenting the Memorandum of Transfer (MOT) for registration purpose at the Land and Survey Department, Sarawak, we must ensure that we follow the required procedure.

Procedure:

1. Preparation of complete MOT

   1. Prepare one (1) original copy and two (2) duplicate copies of the MOT
   2. Make sure that the details stated in the MOT are all correct and complete
   3. Date of the MOT must be duly stated
   4. Signing of the MOT by the Transferor and the Transferee to be witnessed by the acting advocate
   5. Certificate under Section 13A(a) of the Land Code is duly attested by the acting advocate
   6. The terms stated in the MOT is clear, complete and clean (no correction tape etc.)

2. Stamping of the complete MOT

   1. Log in to the online LHDN Stamping Website :- – https://stamps.hasil.gov.my/stamps/
   2. Key in all the relevant details required to be filled in
   3. Attach the duly completed MOT together with other relevant documents for example identity card of the Transferor and Transferee, land title and land search at the tab of “Lampiran” (for other required attachments, consult lawyer)
   4. After checking all the details, submit the said stamping for the LHDN to process
   5. Upon the completion of the processing by the LHDN and also assessment of the market value of the property by JPPH, a Notis Taksiran will be issued by the LHDN
   6. Pay the stamp duty stated in the Notis Taksiran within thirty (30) days from the date of the Notis Taksiran
   7. Upon payment, extract and print the certificate for stamping and annex it together with the MOT (there will be one (1) original and two (2) duplicate copies of the certificate for stamping)

3. Submit CKHT forms to the LHDN

   1. Make sure the CKHT forms to be submitted together with the photostate copy of the duly stamped MOT and also other documents such as the identity card of the Transferor and Transferee and the certified true copy of the land search to the LHDN (for other required attachments, consult lawyer)
   2. Keep the acknowledge receipt proof copy by the LHDN as record

4. Preparation of other documents for purpose of registration of the MOT

   1. Make sure the current year assessment bills are duly settled and proceed to apply for the Certificate of Clearance of Indebtedness [Form G (1)] from the relevant council. Upon the issuance of the same, prepare one (1) certified true copy of the same
   2. Print two (2) copies of Notis Taksiran from the LHDN online stamping system
   3. Print two (2) copies of the PDS.15 from the LHDN online stamping system
   4. Prepare one (1) copy of certified true copy of the land search
   5. Prepare one (1) copy each of certified true copy of the identity card of the Transferor and also Transferee
   6. Prepare one (1) copy of the checklist and two (2) copies of the Form L
   7. Prepare all other relevant/required documents (consult lawyer)

5. Registration of the MOT

   1. Submit one (1) original copy and two (2) duplicate copies of the duly stamped MOT together with :-
      1. Original copy of the individual strata title of the Property
      2. one (1) original copy and one (1) certified true copy of the Form G (1)
      3. documents stated in Paragraph 4 above

   (for other required attachments, consult lawyer)

6. Verification of the documents by the Land and Survey officer

   1. The Land and Survey officer will check the completeness of the MOT and also other documents mentioned above:-
      1. if everything in order, the MOT will be registered by payment of RM10.00 and the details of registration will be printed at the another side of the Form L for our record
      2. if there is insufficient of documents or lack of completeness of the MOT, the Land and Survey Officer will reject the submission and remark the issues to be rectified. Upon the rectification done, the runner will submit again to the Land and Survey

7. Update of the details of transfer

   1. The Land and Survey officer will update the transfer details on the original copy of the individual strata title of the Property
   2. To conduct latest land search after the registration of the transfer is complete
   3. To submit the latest land search / latest land title to the relevant council to update the name/details of the current owner of the Property in their system

8. Collection of final documents

   To collect documents including the duly registered MOT, original copy of the individual strata title of the Property and certified true copy of the latest land search

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