Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim

In relation to its concept. effect of and exceptions to Indefeasibility of title in the Torrens system represents a very interesting area of study in Land Law. The very Central concept of Torrens system of registration is the Indefeasibility of title, the registered proprietor being given a sheild o...

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Main Author: Ibrahim, Ahmad Nazri
Format: Research Reports
Language:English
Published: Faculty of Law 1986
Subjects:
Online Access:http://ir.uitm.edu.my/id/eprint/27318/
http://ir.uitm.edu.my/id/eprint/27318/1/PPd_AHMAD%20NAZRI%20IBRAHIM%20LW%2086_5.pdf
id uitm-27318
recordtype eprints
spelling uitm-273182020-01-16T05:52:34Z http://ir.uitm.edu.my/id/eprint/27318/ Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim Ibrahim, Ahmad Nazri K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) In relation to its concept. effect of and exceptions to Indefeasibility of title in the Torrens system represents a very interesting area of study in Land Law. The very Central concept of Torrens system of registration is the Indefeasibility of title, the registered proprietor being given a sheild of protection against any adverse claim as against the title of the landed Property. Section 340 of the National Land code confers upon registration to a registered proprietor of land an Indefeasible title. However the fact remains that notwithstanding the concept of Indefeasibility as pointed out by Lord Wilberforce in FRAZER V NALKER (1967) 1 ALL.E.R. 649. Indefeasibility itself is never absolute. Not only does Section 340(2) of the Code provides for specific statutory exceptions to Indefeasibility of title but the court have also in nature of exceptions made equitable Incursions attacking the very basis of the Concept of Indefeasibility. The courts have stated that equity will step in to prevent the Machinery of the Act of Parliament being used to defeat equities. The Torrens System has not abrogated the principles of équity and its application but only so far as it is necessary to attain its own special objects it has altered the application of equity Faculty of Law 1986-05 Research Reports NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/27318/1/PPd_AHMAD%20NAZRI%20IBRAHIM%20LW%2086_5.pdf Ibrahim, Ahmad Nazri (1986) Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim. [Research Reports] (Unpublished)
repository_type Digital Repository
institution_category Local University
institution Universiti Teknologi MARA
building UiTM Institutional Repository
collection Online Access
language English
topic K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
spellingShingle K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
Ibrahim, Ahmad Nazri
Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim
description In relation to its concept. effect of and exceptions to Indefeasibility of title in the Torrens system represents a very interesting area of study in Land Law. The very Central concept of Torrens system of registration is the Indefeasibility of title, the registered proprietor being given a sheild of protection against any adverse claim as against the title of the landed Property. Section 340 of the National Land code confers upon registration to a registered proprietor of land an Indefeasible title. However the fact remains that notwithstanding the concept of Indefeasibility as pointed out by Lord Wilberforce in FRAZER V NALKER (1967) 1 ALL.E.R. 649. Indefeasibility itself is never absolute. Not only does Section 340(2) of the Code provides for specific statutory exceptions to Indefeasibility of title but the court have also in nature of exceptions made equitable Incursions attacking the very basis of the Concept of Indefeasibility. The courts have stated that equity will step in to prevent the Machinery of the Act of Parliament being used to defeat equities. The Torrens System has not abrogated the principles of équity and its application but only so far as it is necessary to attain its own special objects it has altered the application of equity
format Research Reports
author Ibrahim, Ahmad Nazri
author_facet Ibrahim, Ahmad Nazri
author_sort Ibrahim, Ahmad Nazri
title Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim
title_short Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim
title_full Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim
title_fullStr Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim
title_full_unstemmed Indefeasibility and equitable intervention in the Malaysian torrens system / Ahmad Nazri Ibrahim
title_sort indefeasibility and equitable intervention in the malaysian torrens system / ahmad nazri ibrahim
publisher Faculty of Law
publishDate 1986
url http://ir.uitm.edu.my/id/eprint/27318/
http://ir.uitm.edu.my/id/eprint/27318/1/PPd_AHMAD%20NAZRI%20IBRAHIM%20LW%2086_5.pdf
first_indexed 2023-09-18T23:18:15Z
last_indexed 2023-09-18T23:18:15Z
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