Property Affidavit for Malaysia

Property Affidavit Template for Malaysia

A Property Affidavit is a formal sworn statement used in Malaysia to declare facts about real property under oath. This legal document, governed by the Statutory Declarations Act 1960 and the National Land Code 1965, serves as an official record of property-related declarations. It must be executed before a Commissioner for Oaths and can be used for various purposes including confirming ownership, declaring property condition, or establishing chain of title. The document holds significant legal weight in Malaysian property transactions and can be used as evidence in court proceedings.

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What is a Property Affidavit?

A Property Affidavit is a crucial legal instrument in Malaysian property law, used when formal sworn statements about real estate are required. This document is commonly needed in property transactions, legal proceedings, or administrative matters where official declarations about property are necessary. The affidavit must comply with Malaysia's Statutory Declarations Act 1960 and typically includes detailed information about the property, the deponent's interest in it, and specific facts being declared. Property Affidavits are particularly important in situations involving title disputes, property transfers, loan applications, or when establishing clean title. They must be sworn before a Commissioner for Oaths and can have serious legal consequences if found to contain false statements.

What sections should be included in a Property Affidavit?

1. Title and Declaration Statement: States that this is an affidavit and includes the formal declaration opening 'I, [name] of [address], do solemnly and sincerely declare...'

2. Deponent Details: Full legal name, NRIC/passport number, occupation, and current residential address of the person making the affidavit

3. Property Details: Complete description of the property including lot number, title details, address, and land office registration details

4. Basis of Knowledge: Explanation of how the deponent has direct knowledge of the facts being declared

5. Statement of Facts: Clear, numbered paragraphs stating the relevant facts about the property

6. Verification Statement: Standard closing statement verifying that the contents are true

7. Attestation: Space for signature of deponent and details of the person administering the oath (Commissioner for Oaths)

What sections are optional to include in a Property Affidavit?

1. Historical Property Ownership: Include when the affidavit needs to establish chain of ownership or previous transactions

2. Related Legal Proceedings: Required when the affidavit is being made in connection with ongoing legal proceedings

3. Third Party Claims: Include when declaring the existence or absence of third-party interests in the property

4. Property Condition Statement: Add when the physical condition or state of the property is relevant

5. Financial Declarations: Include when the affidavit needs to address property-related financial matters

6. Power of Attorney Reference: Required when the affidavit is being made by someone acting under a power of attorney

What schedules should be included in a Property Affidavit?

1. Property Title Documents: Copies of relevant land title or strata title documents

2. Property Plans: Certified copies of property plans, surveys, or drawings

3. Supporting Documents: Relevant supporting documents such as previous agreements, correspondence, or notices

4. Identification Documents: Copies of deponent's identification documents

5. Photographs: If relevant, authenticated photographs of the property

6. Power of Attorney: If applicable, copy of power of attorney document

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

Banking and Finance

Legal Services

Construction

Property Development

Insurance

Asset Management

Government and Public Sector

Property Investment

Urban Planning

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Risk Management

Corporate Secretarial

Administrative

Operations

Asset Management

Documentation

Relevant Roles

Legal Counsel

Property Manager

Real Estate Attorney

Compliance Officer

Land Administrator

Property Developer

Real Estate Agent

Title Officer

Conveyancing Executive

Legal Administrative Assistant

Property Investment Manager

Estate Agent

Corporate Secretary

Risk Management Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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