How to Transfer Property in Malaysia: A Step-by-Step Legal Guide

Transferring property in Malaysia involves a series of legal steps that require proper documentation, professional guidance, and compliance with the National Land Code. Whether you're gifting property to a loved one or transferring ownership as part of a sale, understanding the process is crucial. At Chan & Chia, your trusted Seremban Conveyancing Law Firm we ensure smooth and secure property transfers tailored to your specific needs.

1. Determine the Type of Transfer

There are different types of property transfers in Malaysia, such as:

Sale and Purchase
Transfer by Love and Affection (e.g., between family members)
Inheritance Transfers (via probate or letters of administration)
Court-Ordered Transfers

Identifying the correct type of transfer is the first step in complying with the law.

2. Conduct a Land Search

Before proceeding, a land search should be conducted to confirm:

Ownership details
Title status (freehold or leasehold)
Encumbrances (e.g., loans or caveats)

This step is vital to avoid future disputes or delays.

3. Prepare the Legal Documents

The main documents involved include:

Form 14A (Instrument of Transfer)
Sale and Purchase Agreement (SPA) if it’s a sale and purchase transaction
Deed of gift (for love and affection transfers)
Statutory declarations
State consent application forms (if applicable)

Our conveyancing lawyers at Chan & Chia will meticulously prepare all documents to ensure they are valid and confirm to the requirements of the relevant land office.

4. Payment of Stamp Duty

Stamp duty is calculated based on the property value or sale price (whichever is higher).

Under Malaysia’s current stamp duty exemption policy, transfers of property by way of love and affection between spouse, parents and children, or grandparents and grandchildren are eligible for 100% stamp duty exemption on the first RM1 million of the property’s value.

5. Obtain State Consent (if required)

For leasehold properties or properties with restrictions-in-interest, State Authority Consent is required before transfer. This step can take 1–3 months, depending on the State Authority.

6. Register the Transfer at the Land Office

Once all documents are in order and duties paid, the Instrument of Transfer is submitted to the relevant Land Office for registration. Upon successful registration, the new owner’s name will be endorsed on the title.

7. Filing of Real Property Gains Tax Returns Forms

Don’t forget to file the relevant RPGT returns forms within the specified time frame to avoid any penalties from the Inland Revenue Board (LHDN).

Conclusion

Property transfers in Malaysia must be handled with care to ensure full legal compliance.

At Chan & Chia, we simplify the process for you — whether it’s a family transfer, property sale, or inheritance.

Why choose us?

For over 50 years in the industry, Chan & Chia has consistently been relied on and trusted our many clients. We are a firm deeply rooted in old traditions, and culture while being fully equipped for the modern legal landscape. Our team of experienced professionals are always ready to help.

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