What if Someone Claims Your House/Land Isn’t Yours?
You have the title deed, your name is on the register, but is your ownership truly protected?
🛡️Indefeasibility of Title
📖 EXCERPT FROM PROPERTY LAW BY GEORGE MIRANDA:
“Indefeasibility of title means the title is immune from attack by any adverse claim to the land, providing security and certainty to a registered proprietor. The shield of indefeasibility protects the registered title and interest against unregistered claims.”
— Chapter 7: Indefeasibility of Title and Interest, Property Law (Sweet & Maxwell, 2025)
Definition of Indefeasibility
Sections 340 & 341 of the National Land Code
📋WHAT IT MEANS:
- INDEFEASIBLE = Cannot be defeated or challenged
Your title is immune from attack by any adverse claim to the land, providing security and certainty to you as the registered proprietor.
✨ YOUR PROTECTION:
The shield of indefeasibility protects your registered title and interest against unregistered claims. Think of it as an UNBREAKABLE SHIELD for your property rights!
🎯 KEY BENEFIT:
As long as you’re registered, your ownership is recognized and protected by Malaysian law.
The Torrens System
The Register is EVERYTHING
📋HOW IT WORKS:
Malaysia uses the Torrens System of land registration. Under this system:
- Registered document of title = CONCLUSIVE EVIDENCE of ownership
- Your name on the register = You are the legal owner
- Your registered title is PROTECTED BY LAW
⚖️ Legal Principle:
“Under the Torrens System, the register is everything” – Federal Court in Teh Bee v K Maruthamuthu [1977] 2 MLJ 7
4 Exceptions to Indefeasibility of Title
Even indefeasible titles can be challenged in 4 situations under Section 340(2) NLC. Nonetheless, there’s protection for innocent buyers!
1) Fraud
Section 340(2)(a) NLC 2020
⚠️ Exception: Title is NOT indefeasible if obtained through fraud to which the registered proprietor, or their agent, was a party or privy.
Requirements:
- Must be ACTUAL fraud (not just mistake).
- Party/privy to the fraud.
- Must prove intention to cheat.
2) Misrepresentation
Section 340(2)(a) NLC 2020
⚠️ Exception: Title is NOT indefeasible if obtained through fraudulent misrepresentation — false statements made knowingly, or without belief in their truth, with intention to deceive.
Key Test:
- Making a false statement KNOWINGLY or not believing it to be true + INTENTION TO DECEIVE = Fraudulent Misrepresentation
3) Forgery/Void Instrument
Section 340(2)(b) NLC 2020
⚠️ Exception: Title is NOT indefeasible where registration was obtained by:
- FORGERY (E.g. Fake signatures)
- INSUFFICIENT instrument (E.g. Instrument is not attested or insufficiently stamped)
- VOID instrument (E.g. Invalid documents, signed by minors)
4) Unlawful Acquisition
Section 340(2)(c) NLC 2020
⚠️ Exception: Title is NOT indefeasible where it was unlawfully acquired in the purported exercise of any power or authority conferred by any written law (ultra vires by authorities).
BUT: Innocent Buyers Are Protected!
Section 340(3) Proviso – Deferred Indefeasibility
✅ Your Protection:
If you’re a SUBSEQUENT PURCHASER who bought in good faith and for valuable consideration, your title IS indefeasible even if the previous owner obtained it through fraud/forgery!
🎯 Key Benefit:
Malaysia follows “deferred indefeasibility” – innocent subsequent buyers are protected, even if fraud occurred earlier in the chain.
For further information, please contact us at Miranda & Samuel:
- Dato’ George Miranda (george@mirandasamuel.com)
- Joy Sam Jia Qian (joy@mirandasamuel.com)
- Alisyah Maisarah (alisyah@mirandasamuel.com)
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#PropertyFriday #RealEstate #IndefeasibleTitle #MalaysiaPropertyLaw #Section340NLC #NationalLandCode #PropertyRightsMalaysia #Conveyancing
– By George Miranda, Joy Sam Jia Qian, Alisyah Maisarah –
This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.
