INVESTIGATION ON “HOW A PERSON WHO HAD DIED COULD CLAIM THE LAND TITLE AND PLACE HER THUMB PRINT ON THE GRANT IN FRONT OF LAWYERS”

Probe on land claim by dead person

TAWAU August 20, 2011: Land and Survey Department director Datuk Osman Jamal will investigate all files and documents relating to a land title at Ulu Kalumpang which was allegedly claimed by a dead person.

Osman said the Land and Survey Department (LSD) would issue a notice to the person staying on the land and holding the title under Section 121 of the Land Ordinance where the person should return the title to the registered land owner within one month, or else he or she would be fined RM1,000 by the LSD.

Meanwhile, the LSD would withdraw the land title and replace it with a new one for the actual registered land owner. Such action would be taken after the LSD had received a police report, court order, death certificate and other related documents from the latter.

He told the media this yesterday when commenting on a statement about a land title that was claimed by the dead recently.

“It means the actual registered land owner could own the land title with the appointment of a guardian of property through the court.

“Thus, I’m here to inform all land owners in Sabah to be aware that laws and regulations pertaining to land in Sabah are meant to protect their rights of owning lands,” Osman said.

According to him, those land owners who are having land title issues could write a formal letter, together with a police report, death certificate, court order and other related documents to the LSD headquarters in Kota Kinabalu for immediate processing.

The victim, Abdul Wahab Timbasal, was waiting for the land title issued under his mother’s name who passed away in 1992 but was shocked to learn that it had already been claimed by her on June 17, 2008 at the LSD office here.

Abdul Wahab was questioning how a person who had died could claim the land title and place her thumb print on the grant in front of lawyers. He said the land, under Lot 355, NT title 103032408 and measuring 18.10 acres, belonged to his mother.

He then made a police report that the grant was taken by others but felt disappointed that there was no answer from the police.

However, Abdul Wahab expressed his gratitude to LSD and Osman for their kind assistance and he felt very satisfied with the solution.

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Director clears air over land with two titles