Real Property & Conveyancing
Asher Kok

What Happens When You Default On Your Housing Loan?

Most people are aware that failure to repay a housing loan may ultimately result in the property being auctioned by the bank. However, what often remains unclear is what happens in between—and the respective rights of the borrower and the bank under Malaysian law. This article aims to explain the foreclosure process in practical terms, for the benefit of potential and new homeowners.

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Real Property & Conveyancing
Asher Kok

What Is A Temporary Occupation Licence (TOL)

A Temporary Occupation Licence (TOL) is issued by the state authority pursuant to the National Land Code 2025 allowing a person or entity to temporarily occupy and use State land, mining land, or reserved land for a specified purpose and period. It does not confer ownership or any registrable interest in the land.

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Uncategorized
Asher Kok

What Is A Power Of Attorney?

A power of attorney is a legal instrument that allows one person to appoint another to act on their behalf in specified matters. It is commonly used for managing property transactions, financial affairs, and personal matters when the donor is unable to act personally. While a power of attorney can be a convenient and effective tool, it must be properly drafted, executed, and used within its legal limits to be valid under Malaysian law. This article explains what a power of attorney is and how it works.

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Uncategorized
Asher Kok

Is Divorce Within 2 Years Of Marriage Possible?

Under Malaysian law, a divorce petition generally cannot be filed within the first two years of marriage. However, the court may grant leave to do so if the petitioner can prove exceptional circumstances or hardship under Section 50(2) of the Law Reform (Marriage and Divorce) Act 1976. Malaysian courts interpret “exceptional hardship” strictly, requiring more than ordinary marital disagreements. Serious physical or psychological abuse, severe humiliation, or ongoing harm that makes continuation of the marriage intolerable may qualify. Even then, the court will consider the welfare of any children and the possibility of reconciliation before allowing an early divorce to proceed.

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Probate & Administration
Asher Kok

What If The Executor Refuses To Provide A Copy Of The Will?

When a loved one passes away, the will plays a central role in determining how their estate is administered and distributed. Beneficiaries and interested parties are often entitled to know the contents of the will, as it directly affects their legal rights. However, disputes frequently arise when an executor refuses or delays in providing a copy of the will.

This article explains what an executor’s obligations are under Malaysian law and the steps you can take if a copy of the will is being withheld.

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Real Property & Conveyancing
Asher Kok

How To Safely Buy Auction Property

Thinking of buying an auctioned property in Malaysia? Learn the key legal risks, due diligence steps, and practical tips to safely purchase auction properties and avoid costly mistakes.

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Uncategorized
Asher Kok

Can Your Land Title Be Forged?

Over the past few decades, we have seen numerous cases reported on land scams and fraudulent land dealings. Cases often involve the use of a forged issue document of title (“IDT”), forged sale and purchase agreements and other legal instruments, collusion with land office staff, impersonation of land owners etc. Land scams involving forged or fraudulent land titles continue to arise and unaware land owners continue to fall victim.

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Uncategorized
Asher Kok

Crucial Terms in an Employment Contract

A well-drafted employment contract is essential for managing legal risk and ensuring compliance with Malaysian employment laws. This article outlines the crucial terms every employment contract should include, such as job scope, remuneration, working hours, leave entitlements, confidentiality, termination, and post-employment restraints. Malaysian employers are encouraged to review their employment contracts carefully to minimise disputes and align with the Employment Act 1955.

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Non-Mutual Divorce: Single Petition Divorce Explained

A non-mutual divorce, also known as a single petition divorce, arises when only one spouse initiates proceedings to dissolve the marriage without the agreement of the other. Unlike a joint petition, this process can be more complex, as the petitioner must establish legally recognised grounds for divorce and satisfy the court that the marriage has irretrievably broken down. In Malaysia, the court will also consider factors such as the conduct of both parties and the welfare of any children before granting a decree. Understanding how a single petition divorce works can help you prepare for the legal requirements, potential challenges, and the rights you may need to protect throughout the process.

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Mutual Divorce By Joint Petition: An Overview

When a marriage has irretrievably broken down and parties mutually consent to a divorce, they may file a joint petition for mutual divorce. A joint petition saves time, cost, and avoids lengthy disputes in court.

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What Are Suspicious Circumstances Surrounding The Making Of A Will

One common reason which gives rise to disputes in propounding a will is where there are suspicious circumstances surrounding the making of said will. Where suspicious circumstances are present, they must be removed to the satisfaction of the court before the court can allow the will to be probated.

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