Nusmetro Proposal Illegal

Kampung Buah Pala residents have rejected the double-storey house offered by developer Nusmetro Ventures (P) Sdn Bhd to vacate their homes.

In response to Mr Thiru:

Dear All,

I refer to the report from Malaysia Kini regarding the statement by Mr. A Thiruvenggadam, the advisors to Kampung Buah Pala residents, that Nusmetros proposal is illegal because the land cannot be transferred, leased or charged or used as a business instrument without getting written approval from the State Authority.

I certainly hope that these residents get proper legal advice especially from one who are familiar with conveyancing practices in the country. Many of us own properties whose titles are subject to what we called restriction in interest i.e. the land cannot be transferred, leased or charged without approval from the State Authority. If Mr. Thirus advice is correct then all owners of such properties would not be able to sell these properties because to do so would render the sale illegal. As owners of properties with such restrictions, in a normal sale and purchase transaction, we would sign the SPA first and after that we would be given certain time-frame to procure the consent from the state authority to transfer the property to the purchaser. If consent is not obtained within the agreed time frame then the owner would just have to refund the deposit as provided in the SPA.

In the Kampung Buah Pala scenario, assuming the residents there were to accept Nusmetros offer of a double storey linked house and if it follows that the layout plans and the building plans have all been approved by the authorities and what remains is that the title is still in the name of Nusmetro (as the registered proprietor) and the relevant sale and purchase agreements would have to be signed with the residents. The relevant authorities would have to decide whether the form of the Agreement should be as per Schedule G of the Housing Development (Control & Licensing) Act 1966 & Regulations or as per the agreement to be drafted by the Developer as the said exercise MAY NOT amount to sale of these houses under the said Act but the residents can always insist on signing the said Schedule G agreement. Upon signing the agreement, the residents may be asked to sign in escrow Form 14A (National Land Code 1965). Upon the execution of the Sale and Purchase Agreement then it would be the duty of Nusmetro, as the registered owner, to apply the consent to transfer in favour of the resident (it is a requirement that a stamped copy of the sale and purchase agreement has to be enclosed in the application for the consent) . Of course the residents would have to ascertain who would bear the legal fees for the preparation, execution and stamping of the SPA, the ad valorem stamp duty on the transfer and requisite registration fees on these Transfers.

As the above exercise has the blessings of the Penang State Government, I am sure the Government would ensure that the consent to the transfer and charge would be approved.

I hope the above explanation is clear enough to all those involved and those who think that the whole exercise is not legal based on the restriction .

Kampung Buah Pala residents association chairman M. Sugumaran said there were too many loopholes in the offer.

Meanwhile, the villagers adviser A Thiruvenggadam (ex-MBPJ councillor) demanded the state government to explain its claim that villagers would be made owners of RM500,000 worth of properties through the Nusmetro offer.

He also mentioned that Nusmetros proposal is illegal because the land cannot be transferred, mortgaged, pawned, sub-let or used as a business instrument without getting written approval from the State Authority.

Video by : Jimmy Leow Beng Hock

Category:

News & Politics

Tags:

• kg
• buah
• pala

[MANBOS4872]

We predict that Kg buah Pala just empty promising, Now villager became Too greedy. They was playing by politician.. Surely, golden chance not twice.. .. Doremon, for This cases, I agree to U..Villager now gone too far., BN supposed not join to Villager.

[rithysum8888]

These are "RM200 Man"......Umno's cheapest wages!!

[pannir84]

fuck u sugumaran saya pun indian hang memang memalukan indian lain pukimak hang bodoh kalau utaya kumar nak tolong diakan lawyer panggil dia ambil kes ini dan lawan kat court bodoh pundek punya hindu wake up lah mutherfuker

[TheAlnisa41]

to FakeLeader - pukimak!

what will u feel when people said this to you?

Feel angry ? I bet that is what u wanted to do when u said "bodoh" to naturewar.

btw, is that how u talk to ur mother when u don't agree with her? by telling her "bodoh!". Please do not be irresponsible, & be civilized. How u talk to people shows who u are. 2 me u r inciter of hate, which is not tought by any religion. Or in other case, if that is how u normally talk to ur family members, i pray them to have peace.

[limns112]

These people should be considerate on Lim Guan Eng's position. The court has already held that Nusmetro wins. LGE's executive government has no right to interfere the judiciary judgment. But LGE has been very kind to help to moderate the situation already.

[kokkoipanas10]

Aiyoyo...... The botak man was not answering the reporters last 2 questions. He was just hitting the roundabout! That was a good question mr reporter. Y the villagers were not protesting in front of the koperasi as the koperasi is the land title owner. So many mixed messages. Don know who is sincere in helping the poor villages...... Every1 claims to be the hero!

[hebekee2]

wtf u..itu botak cakap Nusmetro Proposal Illegal , try pergi makamah fight la.jagan cakap bayank.. lagi selau cakap LIM dan roboh kampung itu, oi oi oi, siapa jual tahan itu, cakap lar.? siapa? siapa jual KP buah pala ? haha ..dia pun tak ckap siapa jual dan selalu ckap sekarang CM salah..saya tau dia nak jadi hero nak cari problem saja.

[hebekee2]

cakap banya lagi lol nanti apa pun tak ada....tingal 15 buah rumah offer kat pemaju sekarang..hahaha..itu orang nak jadi hero bia dia jadi,bodoh dan itu pikimak MIC cakap saja nak beli tanah? sekarang pagl MIC beli la,,sampah MIC tau buli org india saja

[tonyongtm]

Pergilah semua ni... terlampau betul..

ini... sudah kasi rumah teras pun tak mau..U lah Scandal susah ...kacau2...rumah baru ganti pun tak puas hati tamak...bisin2...jadi Homeless lah....anjin BN!

[negarakukuku]

M,sugumaran got another two houses outside buah pala, he is MIC members and he got nothing to lost if nusmetro demolish whole village.

[ulun64]

Federal Court already make a judgement and Nusmetro won.

What Lim Guan Eng is doing is intefering with the law. He can be sue and put the whole Penang govt in jeopardy.

This Kg Buah Pala is asking too much.

[essentialss]

RTM and TV3 are right on time to catch this.. lol!! FULL OF SHIT NEWS!!