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(b)
(i)
(ii)
the instrument purports to be duly executed by the person who appears from the Register to have been the owner prior to the occupation date, such execution being made by the owner himself and attested as required by pre- occupation law; or
the instrument concerned is an Order of Court, made in proceedings in which the previous owner was personally served.
Where there has been a devolution on death and a grant of Probate or Letters of Administration has been made by a Court sitting during the Japanese occupation
(1) If the grant is already registered, the registration should not be disturbed without an order of the Commission (or of a competent civil Court when reconstituted);
(ii)
If the grant has not been registered, but is presented for registration after the British re-occupation, it should not be registered unless the Registrar is satisfied by sufficient evidence that the grant was made in proceedings in which all the persons. were cited who would require to be cited by pre-occupation law.
Any person aggrieved by a decision of a Registrar should apply to the Lands Titles Commission and should in the interim be permitted to protect his interest by registering a lis pendens against the property.
4. OCCUPATION DATES. The C.C.A.0. should be empowered to fix "occupation dates" for various areas.
5. PUBLICITY. Fublic announcement should be made of the fact that Titles Registers and Deeds Registers will be so amended, and persons aggrieved thereby should be directed to appeal by lodging, at the Registries, applications to the Lands Titles Commission hereunder mentioned.
PART II. ESTABLISHMENT OF LANDS TITLES
COMMISSION.
6. ESTABLISHMENT OF LANDS TITLES COMMISSION. A Lands Titles Commission should be established to adjudicate upon any disputed claims brought before it by any aggrieved parties, relating to ownership or occupation of, or rights, titles or interests in, land arising out of transactions effected or matters occurring during the Japanese Occupation. The Commission will not institute enquiries of its own motion, but will confine itself to deciding claims brought before it by aggrieved persons as to matters arising out of the Japanese occupation.
7. SITTINGS AND CONSTITUTION. The Commission would be permanently in session and would sit in two divisions, one in the Malay States (the former Registration of Titles Area), and one in Singapore and the Settlements of Penang and Malacca (the former Registration of Deeds Area).
A single Commissioner would constitute a tribunal and would sit when and where required, and in any case requiring a valuation to be made or compensation to be assessed, the Commissioner should have power to appoint two assessors, having professional or other experience in matters relating to land, to assist him. Assessors should normally be appointed if the claimant or other party asks for appointment of
assessors.
8.
PERSONNEL. The Commissioners should be persons having judicial or professional legal experience and should have a sound knowledge of land law in Malaya.
19.
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