Protection and remedies for Malaysian consumers in land fraud
The case of Adorna Properties v Boonsom Bonyanit (2000), the real registered land proprietor lost her land due to fraud committed by the “criminal”. Despite there is allegation that the transaction was acquired through unlawful means or fraud, the court confirmed the right of the person whose nam...
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| Main Authors: | , |
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| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
2010
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/9380/1/Protection_and_remedies_for_Malaysian.pdf http://irep.iium.edu.my/9380/3/9380%20PROTECTION%20AND%20REMEDIES%20FOR%20MALAYSIAN%20CONSUMERS%20IN%20LAND%20FRAUD.pdf http://irep.iium.edu.my/9380/ |
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| Summary: | The case of Adorna Properties v Boonsom Bonyanit (2000), the real registered land proprietor
lost her land due to fraud committed by the “criminal”. Despite there is allegation that the
transaction was acquired through unlawful means or fraud, the court confirmed the right of the
person whose name appeared as the registered owner on the land. Thus the court in Boonsom
Bunyanit seemed to acknowledge that Malaysia is following the immediate indefeasibility even
though it is already well established that Malaysia recognized deferred indefeasibility. The case
of Boonsom became a nightmare to consumers. However in Tan Yin Hong (2010) the Federal
Court regards Boonsom’s case is no longer a good law. Even though decision in Tan Yin Hong
may be considered as a relief to land proprietors, as consumers it is very important for them to
know the legal protection and remedies available in case of land fraud. This paper will look into
the reasons why land fraud occurs, the statutory protection available for consumers in land fraud
cases in which it may contain among others in the National Land Code 1965 and Penal Code
1950 as well as the legal remedies that may be offered to consumers. |
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