Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
When a trustee resigns and a new one steps in, property owners and trust managers often wonder: does the new trustee need to register themselves in the land registry? This is a common scenario in Malaysia, especially for alienated land held in trust. Understanding the requirements under the National Land Code (NLC) and Trustee Act 1949 is crucial to protect trust interests and avoid disputes, such as caveat challenges. In this post, we break down the legal framework, key cases, and practical steps—drawing from established precedents—while noting that no case directly mirrors a simple resignation followed by registration. Always consult a legal professional for your specific situation.
Consider this typical query: A trustee resigned and a new trustee was appointed. The new trustee then has to register himself as a trustee in the land registry. Find me Malaysian cases.
While no Malaysian case precisely addresses this exact sequence, the law clearly mandates proactive steps for new trustees. Under s.344 NLC, registration as a trustee in the memorial of registration is essential to legally reflect a trust over alienated land. Proprietors, including newly appointed trustees, may apply to the Registrar for such notation. Failure to do so can defeat trust claims, as unregistered trusts lack caveatable interests. DANAHARTA URUS SDN BHD vs LONG MOHD NOOR AFFENDI BIN LONG IBRAHIM - 2003 MarsdenLR 2054DANAHARTA URUS SDN BHD vs LONG MOHD NOOR AFFENDI LONG IBRAHIM - 2003 MarsdenLR 853TAN KHENG GUAN vs PENDAFTAR HAKMILIK JOHOR; TEO AH BIN (INTERVENER) - 2000 MarsdenLR 1818
Section 344(1) NLC states: where, by any instrument of dealing or order of the Court or Land Administrator, any alienated land or share or interest therein is transferred or transmitted to, vested in or created in favour of any person or body 'as trustee' ..., the Registrar shall so describe him, it or them in the memorial of registration. DANAHARTA URUS SDN BHD vs LONG MOHD NOOR AFFENDI BIN LONG IBRAHIM - 2003 MarsdenLR 2054DANAHARTA URUS SDN BHD vs LONG MOHD NOOR AFFENDI LONG IBRAHIM - 2003 MarsdenLR 853TAN KHENG GUAN vs PENDAFTAR HAKMILIK JOHOR; TEO AH BIN (INTERVENER) - 2000 MarsdenLR 1818
This automatic notation applies when vesting occurs via instrument, court order, or administrative action. For new trustees, a court vesting order under the Trustee Act often triggers this.
Even without automatic vesting, s.344(2) NLC allows: The proprietor or co-proprietors of any alienated land, and any person or body in whom any share or interest in alienated land is for the time being vested, may apply to the Registrar to be registered in respect of that land, share or interest 'as trustee'...; and the Registrar shall give effect to any such application by making the appropriate addition to, or amendment of, the existing memorial of registration. TAN KHENG GUAN vs PENDAFTAR HAKMILIK JOHOR; TEO AH BIN (INTERVENER) - 2000 MarsdenLR 1818
Post-resignation, a new trustee—now vested via appointment—should apply to amend the register. Without this, or depositing a trust instrument, courts treat the land as held absolutely, blocking trust enforcement.
In Wu Shu Chen (Sole executrix of the estate of Goh Keng How, deceased) & Anor v. Raja Zainal Abidin bin Raja Hussin1997 1 MLRA 405, 1997 2 MLJ 487 CA, claimants relied on a 1963 trust instrument. However, the registration of Long as trustee and the deposit of the trust instrument were never effected. The Court of Appeal ruled no caveatable interest existed: the land was registered in the name of Long as a proprietor, and not as trustee under s.344 and also in view of the appellant's failure to deposit the trust instrument with the registry of titles. DANAHARTA URUS SDN BHD vs LONG MOHD NOOR AFFENDI LONG IBRAHIM - 2003 MarsdenLR 853
This case illustrates that even longstanding trusts fail without compliance. By extension, new trustees must register promptly to secure their position.
The Trustee Act facilitates transitions:
A vesting order typically prompts Registrar notation under s.344(1) NLC. For example, courts have directed: the matrimonial home... be hereby vested in the husband as trustee upon trust for the wife and such trust shall be registered with the relevant land administrator or land registry. CHAW ANUI vs TAN KIM CHAI - 2004 MarsdenLR 2374
Out-of-court appointments (e.g., s.40) require s.344(2) applications, as registration isn't automatic.
While Malaysian law governs here, principles from neighboring systems highlight universal challenges. In India, supplementary trust deeds post-resignation have faced registration refusals if lacking signatures of resigned trustees, akin to partnership rules. KAMARAJAR EDUCATIONAL TRUST vs THE SUB REGISTRAR - 2025 Supreme(Online)(Mad) 73507 Similarly, cases under Bombay Public Trusts Act affirm new trustees can function pending register updates, rejecting notions that dead or resigned trustees continue until recorded. Ashok Shikshan Sanstha VS S. N. Dutonde - 2014 Supreme(Bom) 1003Vijay K. Mehta VS Charu K. Mehta - 2008 Supreme(Bom) 982
In Hong Kong, ordinances like s.45 address deceased trustees' land interests, requiring registry updates for vesting. RE WONG TZE SAU - 2024 Supreme(HK)(HKCFI) 334RE CHEUNG SAI YIN - 2024 Supreme(HK)(HKCFI) 41 These echo Malaysia's emphasis on prompt registration to avoid disputes.
Prompt action safeguards against challenges like those in Wu Shu Chen.
Registration under s.344 NLC is typically vital for new trustees to enforce trusts over Malaysian land. While no case exactly matches resignation-to-registration, precedents demand compliance to establish caveatable interests. Combine Trustee Act mechanisms with NLC applications for seamless transitions.
Key Takeaways:- New trustees must proactively register or risk invalid trusts. DANAHARTA URUS SDN BHD vs LONG MOHD NOOR AFFENDI LONG IBRAHIM - 2003 MarsdenLR 853- Court vesting orders streamline the process. MUSFIRAH NABILA MUSA vs RADZIAH MOHD NOR & ANOR - 2019 MarsdenLR 354- Deposit instruments to evidence the trust. DANAHARTA URUS SDN BHD vs LONG MOHD NOOR AFFENDI BIN LONG IBRAHIM - 2003 MarsdenLR 2054
This post provides general insights based on available legal materials and is not specific advice. Laws evolve, and outcomes depend on facts. Seek qualified Malaysian legal counsel.
His reason was that his cautioner had died and he was unable to find new caution "due to the annoyance that his former cautioner had experienced from litigations at the instance of the children's mother". ... "; and (2) "...the Appointor has failed to remove that sole Trustee and appoint a new Trustee and appoint a new Trustee or new Trustee within 90 days after being called upon...". ... original, new or additiona....
"; and (2) "...the Appointor has failed to remove that sole Trustee and appoint a new Trustee and appoint a new Trustee or new Trustee within 90 days after being called upon...". ... His reason was that his cautioner had died and he was unable to find new caution "due to the annoyance that his former cautioner had experienced from litigations at the instance of the children's mother". ... original, new or additiona....
s 344(2) of the National Land Code 1965 the said Trust Deed was registered in the Land Registry bearing Presentation No 0799SA2015000130 wherein the Defendant was clearly described as a trustee on the registered title. ... Act for the appointment of a new trustee or concerning any interest in land, stock, or thing in action subject to a trust may be made on the application of any person beneficially interested in the land, stock, or thing in action,....
Learned Special Government Pleader appearing for the respondent would submit that since signatures of erstwhile members of the Trust, who had resigned were not found in the Supplementary Trust Deed dated 27.08.2025, the Respondent refused to register the Supplementary Trust Deed vide Refusal Slip dated ... Probably, the Respondent might have applied the principles of Partnership Firm in the present case and refused to register the Supplementary Deed. ... The Trust initially consisted of 16 members and Mr.Nallathambi was appointed as the ....
Section 45(e) of the Ordinance provides that: (a) Where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee ... Registry as Wang Chau Lot No. 347 and Lot No. 1432 both in D.D. 123, Yuen Long, New Territories (the “ Properties ”); According to Section 57(1) of the Ordina....
Beeraiah (Resigned as Trustee as per amended Trust Deed dated 04.05.2015). ... Narahariyappa (Resigned as Trustee as per amended Trust Deed dated 04.05.2015) 17. Sri. B. ... Suryanarayana Rao (Resigned as Trustee as per amended Trust Deed dated 04.05.2015) 16. Sri. N. ... Appellant Nos. 8 and 9 were not made parties before the trial Court and they have come as new trustees, namely appellant Nos. 7, 8 and 9 are subs....
From the record of the public trust it is also clear that Keshavlal Mohandas Patel, in his capacity as a trustee, resigned in 1990. He was not a trustee thereafter. ... He has stated on oath that he has resigned as Principal of the said School as back as in the year 1990. He has also stated on oath that he has resigned as a trustee of the said trust in the year 1990. ... From the record of the Charity Commissioner, we find the address is altogether different. Learned ....
extend to implied and constructive trusts, and to cases where the trustee has a beneficial interest in the trust property, and to the duties incidental to the office of a personal representative and "trustee", where the context admits, includes a personal representative, and "new trustee" includes ... In the Plaintiff's affidavit in support of the OS (encl 2), the Plaintiff alleged as follows, among others: (1) on 9 January 2003, the 1st Defendant was registered by the Land Administrat....
Vesting orders of land In any of the following cases, namely – … (e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is ... By an Approval of Succession issued by the North District Office dated 2 November 1999 and registered in the North New Territories Land Registry by Memorial No 468726, and issued upon the appl....
Section 45(1)(a) of the Trustee Act provides that in all cases where it is expedient to appoint a new trustee, and it is found inexpedient, difficult or impracticable so to do without the assistance of the court, the Court may make an order appointing a new trustee, either in substitution for or in addition ... 1978 for the appointment of the second respondent as a trustee under the provisions of s. 45 of the Trustee Act and for an order vesting the ....
“92. Public charities.—(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate- General, or two or more persons having an interest in the trust and having obtained the leave of the Court, may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State Government within the local limits of whose jurisdi....
4 resigned as Trustee on 19th January, 2018 and appointed his uncle Mr. Shyamal Kumar Deb as new Trustee in his place and stead and his resignation has been accepted by the Board of Trustees appointing Mr. Shyamal Kumar Deb as new trustee who has been acting as Trustee of the Anath Nath Deb Trust Estate since then. 1 also resigned as trustee on 29th November, 2018 appointing his cousin Subhodeep Deb as new Trustee in his place and instead after acceptance of his resignation by the Board of Trustees and Sri Subhodeep Deb has been functioning as new Trustee.
In such a case, can it be said that the dead trustee continues to be a trustee and the new trustee cannot be said to be a trustee till the change reported is accepted and recorded in the register ? Therefore, the order under Section 22 (3) of the B.P.T. Suppose in a given case, a trustee has died and in his place a new trustee is appointed and a change report filed to that effect is pending.
(u) that he also resigned from the post of Managing Trustee in November 2000, though he continued to be a Life Trustee; (t) that after his son's death, Namasivayam started keeping away from all public activities and resigned from the post of Chairman of the College in December 1998; (w) that in February 2001, Namasivayam went to Haridwar, never to return back and his whereabouts became unknown since then; (v) that the second defendant, who is the daughter of Namasivayam, was made the Managing Trustee at that time;
Suppose in a given case, a trustee has died and in his place a new trustee is appointed and a change report filed to that effect is pending, In such a case, can it be said that the dead trustee continues to be a trustee and the new trustee cannot be said to be a trustee till the change reported is accepted and recorded in the register? Therefore, the order under Section 22(3) of the B.P.T, Act merely gives finality to the changes already effected by the Trust and that order does not make the changes effective from that date, This is also the view expressed by the learned Si....
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