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Q : Deed of Assignment, Memorandum of Transfer (MOT), Title/Grant, Certificate of Fitness (CF)
Category : Legal and Finance       Location : Any/No Specific Location
Hi, I am new to property segment. Would appreciate it if any experts could explain the following questions:- 1. What is Deed of Assignment? When it will be issued? Is it important? 2. What is MOT? Usually when it will be issued? Is it important? 3. If we purchase a property from owner or developer. Who has the responsible to transfer the title/grant to the purchaser? What if there is no title yet? 4. How can we check whether a property has CF? Usually when it will be issued? Thanks in advance!
By How Choon Heng, 18-Feb-2011.

Raymond Chu answered : 24-Feb-2011.
The first part on D/Assignment for property without title and MOT for title is understood. For issuance of title, usually the developer will apply and also obtain the issued new title number from the land office. Usually a notification from the land office will be sent out to the owners. This is when proprietors have to pay quit rent (cukai tanah). You may check with the land office for more details pertaining to your property. Glad to help.
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Raymond Chu answered : 23-Feb-2011.
Deed of Assignment is actually a legal document initiated to assign rights, title and interests from an assignor to the assignee where title is not yet issued to the property. For example, a vendor assigns to the purchaser. If the purchaser takes a bank loan, then the purchaser will next assign the property to the purchaser's financier. If so, two deeds of assignment will be applied to complete the assignment from the initial vendor to the purchaser's financier. Deed of Assignment is important because this is the legal document to assign the rights, title and interest to the rightful proprietor within the completion date of the sale & purchase agreement. Adjudication fees will be assessed and paid on the deed of assignment to finalise the assignment within the completion date. Any delay, late penalty will be incurred. As for property with title issued, the Memorandum of Transfer (MOT) under statutory form 14A National Land Code 1965 is applied since this is a statutory instrument meant only for the purposes of transfering from the transferor to the transferee. For example, in a sale & purchase transaction, the vendor executes a MOT by transfering the property free from encumbrances to the purchaser(transferee) within the completion date. Where the assignment is applied for property, (where title is not yet issued), upon the issuance of title, the MOT will be applied to complete the transfer. The property cannot remain not transferred without the use of MOT because the land office only accepts presentation for registration by way of a duly adjudicated & executed stamped MOT. The adjudicated Deed of Asignment will be presented together with the duly executed stamped MOT for purpose of showing that there are no arrears of stamp duty to the gov't. For that reason, all the assessment cukai taksiran and quit rent, cukai tanah must be settled because property must be free from encumbrances and that includes settling all debt owed to the gov't. Cert. of fitness (CF) is a condition for the property to be physically safe for human occupation. This means all water & electricity connection is completed and connected with the fuse box and water meter and electricity meter affixed and completed. Also, the condition of the building is safe for human occupation. Without CF, risk of moving in, is not covered under the law. You may check this out in the building insurance policy. ANy delay in the issuance of CF must be reported to the Ministry of Housing.
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How Choon Heng answered : 25-Feb-2011.
Thanks Raymond.
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How Choon Heng answered : 23-Feb-2011.
Many thanks Raymond! Am i correct to say that:- 1) If a property was purchased without a title, we would need a Deed of Assignment. 2) If a property has title, MOT is require to complete the transfer. In addition, do we need to apply for the title our self from the Ministry of Housing, I presume? Thank You.
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