The Affidavit to Sell Property is a fundamental document in Malaysian property transactions, required when a property owner needs to formally declare their ownership and authority to sell a property. This sworn statement, executed before a Commissioner for Oaths, is particularly important in situations where additional verification of ownership rights is needed, such as in cases involving inherited property, multiple owners, or where there might be potential disputes about ownership rights. The document must comply with Malaysian legal requirements, including those set forth in the National Land Code 1965 and the Statutory Declarations Act 1960. It contains crucial information about the property's details, ownership history, encumbrances, and the deponent's authority to sell, serving as a legal safeguard for all parties involved in the transaction.
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1. Title and Introduction: States that this is an affidavit, identifies the deponent, and includes formal opening ('I, [name] of [address], [nationality], do hereby solemnly and sincerely affirm/swear as follows:')
2. Deponent Details: Personal information of the person making the affidavit, including full name, NRIC number, address, and capacity in which they're making the affidavit
3. Property Ownership Declaration: Declaration of legal ownership of the property, including reference to title deed numbers and registration details
4. Property Details: Complete description of the property including address, lot number, title details, and land area
5. Authority to Sell: Declaration of right and authority to sell the property
6. Property Status: Declaration regarding any encumbrances, charges, or liens on the property
7. Verification of Documents: Confirmation that all supporting documents are true copies
8. Declaration of Truth: Standard closing declaration that all statements made are true
9. Attestation: Space for Commissioner for Oaths to certify the affidavit
1. Power of Attorney Reference: Required when selling on behalf of another person, referencing the power of attorney document
2. Co-owner Consent: Required when property has multiple owners, declaring their consent to the sale
3. Matrimonial Property Status: Required when property is a matrimonial property, declaring spouse's consent
4. Developer's Status: Required for properties still under developer's control, declaring developer's consent or status
5. Bankruptcy Declaration: Optional declaration that the deponent is not bankrupt
6. Previous Transactions: If relevant, history of previous dealings with the property
1. Schedule A - Property Details: Detailed technical description of the property including lot number, title details, and boundary marks
2. Schedule B - Title Documents: Copies of relevant title documents and registration details
3. Schedule C - Supporting Documents: Copies of other relevant documents such as identity documents, power of attorney
4. Schedule D - Property Photos: Recent photographs of the property (if required)
5. Schedule E - Consent Letters: Copies of consent letters from relevant parties (if applicable)
Relevant legal definitions
Clauses
Identity Declaration
Property Ownership
Title Verification
Authority to Sell
Encumbrance Declaration
Property Description
Document Authenticity
Marital Status
Bankruptcy Status
Legal Capacity
Property History
Title Registration
Consent Declaration
Truth Verification
Document Execution
Property Rights
Legal Standing
Ownership Transfer
Property Ownership
Title Verification
Authority to Sell
Encumbrance Declaration
Property Description
Document Authenticity
Marital Status
Bankruptcy Status
Legal Capacity
Property History
Title Registration
Consent Declaration
Truth Verification
Document Execution
Property Rights
Legal Standing
Ownership Transfer
Relevant Industries
Real Estate
Property Development
Legal Services
Banking and Finance
Construction
Urban Development
Property Management
Real Estate Investment
Public Administration
Relevant Teams
Legal
Real Estate
Property Management
Conveyancing
Documentation
Compliance
Land Administration
Property Services
Transaction Processing
Risk Management
Relevant Roles
Property Lawyer
Real Estate Agent
Property Developer
Legal Executive
Conveyancing Officer
Land Officer
Property Manager
Real Estate Investment Manager
Legal Administrator
Commissioner for Oaths
Title Officer
Property Transaction Officer
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