Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Imagine you're overseas or unable to attend a property auction, so you ask a trusted friend to bid and buy a house on your behalf. Sounds straightforward, right? But is it legal? Many Malaysians wonder: Is it legal to have a proxy acquire a property on behalf of someone?
In Malaysia, the answer hinges on the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 (the Act). Generally, yes—provided it doesn't cross into regulated estate agency practice. This blog dives deep into the law, court interpretations, exceptions, and practical advice to help you navigate this. Remember, this is general information, not specific legal advice—consult a qualified lawyer for your situation.
Under the Act, estate agency practice is narrowly defined as acting (or holding yourself out) as an agent for commission, fee, reward, or other consideration in property sales, purchases, or lettings. The Act states: A person undertakes estate agency practice if he acts as an agent, or holds himself out to the public or to any individual or firm as ready to act as an agent, for a commission, fee, reward or other consideration- (a) in respect of any sale or other disposal of land and buildings... (b) in respect of any purchase or other acquisition of land and buildings... MY U PROPERTIES SDN BHD vs KELANA KUALITI SDN BHD & ANOR - 2024 MarsdenLR 993
Only registered estate agents can engage in this. Non-registered persons are prohibited under Section 22C(1) from:- Carrying on business or taking employment as an estate agent;- Offering properties for sale, rent, or lease;- Undertaking specified estate agency work; or- Recovering fees or commissions in court. SAJAD HUSSAIN vs CREST WORLDWIDE RESOURCES SDN BHD - 2021 MarsdenLR 2765BRILLIANT TEAM MANAGEMENT SDN BHD vs SOUTH EAST PAHANG OIL PALM SDN BHD & ORS - 2006 MarsdenLR 1151BRILLIANT TEAM MANAGEMENT SDN BHD vs SOUTH EAST PAHANG OIL PALM SDN BHD - 2006 MarsdenLR 2951LIEW SWEE YEE vs METRO HOMES SDN BHD - 2019 MarsdenLR 1401
A proxy buying property for you may fall foul if it's for reward or part of business conduct. But private, isolated acts? Typically permissible.
Courts look for evidence of a system or course of conduct indicating business. In a pivotal case, the court ruled: There is no evidence of a system or of a course of conduct which show plaintiffs carrying on estate agency practice or business... There is only evidence regarding the purchase of the Land, which is a one-off transaction or an isolated act. KUNCI SEMANGAT SDN BHD vs THOMAS VARKKI M V VARKKI & ANOR - 2022 MarsdenLR 215
No estate agent relationship was found without holding out, fees, or commercial elements. This directly supports proxy acquisitions in private contexts, like helping a family member or friend without pay. Mere private assistance doesn't trigger the Act. KUNCI SEMANGAT SDN BHD vs THOMAS VARKKI M V VARKKI & ANOR - 2022 MarsdenLR 215SAJAD HUSSAIN vs CREST WORLDWIDE RESOURCES SDN BHD - 2021 MarsdenLR 2765
Counterpoint: Even a one-off could be illegal if evidence shows holding out or reward, regardless of intent.
Broader context from other jurisdictions reinforces property acquisition rights. For instance, the right to acquire property is a constitutional and legal right, as affirmed in Indian cases where private sales weren't criminalized absent deception. Tanuja Potluri Sritanuja N. VS State of Andhra Pradesh - 2021 Supreme(AP) 889Chekka Guru Murali Mohan VS State of Andhra Pradesh through SHO, CID PS, AP, Mangalagiri, Guntur District, Rep. by Public Prosecutor, High Court of Andhra Pradesh - 2021 Supreme(AP) 4 One ruling noted: said private sale transactions cannot be criminalized and no criminal liability can be attributed to petitioners... said purchasers have no legal obligation to disclose information relating to latent advantages. Chekka Guru Murali Mohan VS State of Andhra Pradesh through SHO, CID PS, AP, Mangalagiri, Guntur District, Rep. by Public Prosecutor, High Court of Andhra Pradesh - 2021 Supreme(AP) 4
Proxies appear in other legal docs too, like court appointments: Mr. Abeyesingha purports to appoint Mr. Gunasekera 'to be my proctor and for me and in my name and behalf before the District Court...' LETCHEMANAN v. CHRISTIAN. This shows proxies are common in legal proceedings, but property deals need Act compliance.
On possession, derivative or permissive possession (e.g., on behalf of owner) doesn't confer ownership. STATE OF U. P. VS DAIYA CHARITABLE SOCIETY - 2015 Supreme(All) 340U. P. GANDHI SMARAK NIDHI VS AZIZ MIAN - 2013 Supreme(All) 479 Adverse possession requires proving non-permissive, open denial of title—irrelevant here unless disputes arise post-purchase. Arulmighu Theekulipaintha Moondru Kundathu Amman, Parambarai Uravinmurai Vazhipattu Manram, Rep. by its President and Secretary, Namakkal VS State of Tamilnadu, Rep. by the District Collector, Salem - 2021 Supreme(Mad) 1571
To stay legal:1. Document as Private: Write a simple letter of authority stating it's a no-fee favor. Avoid agent language.2. No Advertising: Skip signboards, ads, or public offers.3. One-Off Only: Don't repeat without registration.4. Use Professionals: For complex deals, hire registered agents to enable fee recovery and compliance.5. Seek Authority: If scaling up, apply under Section 16. Consult the Board.
Parties should verify titles and use proper powers of attorney to bind the principal legally.
Property dealings carry risks—title issues, disputes. Always prioritize compliance. This overview draws from key Malaysian precedents; laws evolve, so professional advice is essential.
Disclaimer: This is for informational purposes only and not legal advice. Laws vary by facts; consult a Malaysian lawyer or the Board of Valuers, Appraisers, Estate Agents and Property Managers for tailored guidance.
I have found very little direct local authority as to the legal effect of proxies in Ceylon. It was held, however, in an old case (D. C. ... The defendant by his proxy authorized his proctor to sue the plaintiff for rent, to obtain an injunction restraining him from disposing of or removing his property, and also to "file all necessary papers and to take all steps necessary in the premises." ... The plaint was filed on February 3, 1913, and the proxy in favour of the defendant's proctor, which bore the same date....
The defendant's then registered Attorneys-at-Law withdrew the proxy filed by them on behalf of the defendant and on 19th March 2007 a new proxy given by the Defendant to another Attorney-at-Law was tendered on behalf of the defendant and the defendant made an application to file a further statement ... Has the learned High Court Judge erred in holding that the substitution of the substituted Plaintiff Bank raised a legal bar to the subsequent curing of any defect which may have existed in the #HL_....
On the contrary if in fact he did not have such authority of his client, the acts done and the appearances made on his behalf by the proctor would be void and of no legal effect. It is unfortunate that the High Court referred to Udeshi v. ... The Court stated that it is a statutory requirement that only a party or a recognized agent can sign a proxy authorizing a proctor to appear and act in the action, and as there was no valid proxy, there was no valid action filed on behalf of the plaintiff. The Cour....
Because of this relationship, Dato' Manjit Singh was given the proxy to vote. It is not an ordinary relationship at all. This is a proxy to vote at a hotly contested EGM and so, the person given the proxy must be someone the 3rd respondent personally trust. ... , Dato' Manjit Singh (who had the proxy of Mr. ... He submitted that since Dato' Manjit Singh was elected as chairman of that controversial meeting, than he or his legal firm should be barred from representing the respondents 1,....
Because of this relationship, Dato' Manjit Singh was given the proxy to vote. It is not an ordinary relationship at all. This is a proxy to vote at a hotly contested EGM and so, the person given the proxy must be someone the 3rd respondent personally trust. ... The issue is:- "Is the firm of solicitors representing 1st, 2nd and 7th respondents placed in a position of conflict of interest because the managing director of the legal firm, Dato' Manjit Singh (who had the proxy of Mr. ... ....
Gafoor, Attorney-at-Law, had tendered a proxy on behalf of all of them. Upon tendering the proxy, Mr. Gafoor moved to file statements of claim after the return of the commission. ... Basnayake J. observed at page 2:"It is well established that once a proxy is given to a proctor the party himself cannot without revoking the proxy legally perform in person any act in Court." ... (C.A.), where it was held that a party who has filed a proxy cannot perform an act in person without revoking....
The documents says, “having received the leave of the above named court in that behalf”. No such leave, for the revocation of the earlier proxy, has been granted by this court. Neither the motion of Ms. ... Rayner is a legal case that was heard in the Court of Appeal of England and Wales in 1880 1. The case is also known as Saffron Walden Second Benefit Building Society v Rayner 2. ... The first proxy having been signed in English, whereas the second purported proxy bearing a purported thumb impressio....
When a proctor has appeared for a party, and been recognized as such in the Court below, I think he should be regarded as authorized to file in that Court a petition of appeal on behalf of his client. ... The proxy giving this authority to the proctor should be filed with the record and transmitted to this Court." ... The circular of July 3, 1900, is not a " rule " within the meaning of section 441 of the Criminal Procedure Code, and is of no legal force or authority. Preliminary objection over-ruled. 1(1901) 2 Brow....
In execution of this decree the property that is the subject of the present action was seized on the 17th September, 1946. The second defendant Kadirgamadas claimed the property, and his claim was upheld on the 2nd April, 1947. ... R. 270.], and in our opinion the irregularity in the appointment was cured by the subsequent filing of a written proxy. ... Held, that the irregularity in the appointment of the Proctor was cured by the subsequent filing of a written proxy. ... Nalliah had authority to sign the petiti....
I also find in the record another proxy, evidently the one referred to above signed by Mr. Abeyesingha, by which Mr. Abeyesingha purports to appoint Mr. Gunasekera "to be my proctor and for " me and in my name and behalf before the District, Court of " Galle in case No. ... Gunasekera appointing him " to be my proctor and " for me and in my name and behalf before the District Court " of Galle in case No. to appear and therein to conduct the said case," and in all other respects the document signed purported to be an exact copy of the or....
In order to prove adverse possession the plaintiff must prove the following: 7. Adverse possession is a legal principle that states that a person can acquire legal ownership of someone else property.
RIGHT TO ACQUIRE PROPERTY IS A CONSTITUTIONAL RIGHT AND A LEGAL RIGHT:- So, it is to be held that A-1 is not privy to the said information and that the petitioners did not buy their lands on the basis of the said information.
RIGHT TO ACQUIRE PROPERTY IS A CONSTITUTIONAL RIGHT AND A LEGAL RIGHT:
Possession of property by someone other than the owner on behalf of or with permission of the owner.
Possession of property by someone other than the owner on behalf of or with permission of the owner.
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