Orig. on 55249/2/45
MALA Y A.
INTERIM POLICY DIRECTIVE.
LAND.
PART I.
PRELIMINARY.
39
人
1.
Mines
CONDITION OF REGISTERS. Legal Officers and Colonial Lands, and Surveys should report as soon as possible on the condition of the Registers. The following proceeds on the assumption that the Registers will be, for the most part, intact.
2. REGISTERS IN REGISTRATION OF TITLES AREAS. Inese Registers should be brought up to date and should be dealt with so as to give effect to the following policy:-
(a) Where there has been a change, since the date of the Japanese
occupation of the area concerned (hereinafter called "the occupation date"), in the registered proprietorship of registered land, the name of the person who was proprietor of the land prior to the occupation date, (hereinafter called "the previous proprietor") should be restored as registered proprietor unless:-
(b)
3.
(i)
(ii)
the memorandum of transfer, or other instrument effecting a transfer from the previous proprietor, purports to be signed by the previous proprietor himself and to be attested in the manner prescribed by pre-occupation law;
or
a transmission of the land has occurred occasioned by the death, disability or bankruptcy of the previous proprietor; or
(iii) the registration of the previous proprietor has been
displaced pursuant to an order of a Court in proceedings in which the previous proprietor was personally served. (Note: In this paragraph "Court" includes a Court sitting during the Japanese occupation).
In any case not falling within sub-paragraphs (i), (ii) or (iii) above, the Register should remain unaltered unless and until directed to be altered by the Lands Titles Commission hereinafter mentioned.
In dealing with unregistered documents executed during the period of Japanese occupation which may be presented to Registrars after the re-occupation of Malaya, the same principles should be applied, that is to say, the title of the previous proprietor should not be disturbed, and the new document should be rejected, unless such document purports to be signed by the previous proprietor personally and to be attested in the manner prescribed by pre- occupation law, or an Order of Court is presented which was made in proceedings in which the previous proprietor was personally served. Any person who may be aggrieved should be directed to apply to the Lands Titles Commission and should, in the mean time, be permitted to protect his interest by registering a caveat against the title.
REGISTERS IN THE REGISTRATION OF DEEDS AREA should mutatis mutandis be similarly dealt with, that is to say:-
(a) Registrations of conveyances and assignments of land made inter vivos since the occupation date should be removed from the Registers, and instruments executed during the period of Japanese occupation which may b presented for registration after the re-occupation of Malaya by the British, should not be registered unless:-
/(1)