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Did You Know? Your Property Title Might Still Be Under Someone Else’s Name – Here’s Why 'Perfection of Transfer' Matters

When you buy a property in Malaysia, you might think that once the Sale and Purchase Agreement (SPA) is signed and the keys are handed over, the house is officially yours. But here’s a legal fact many homeowners don’t realize: your name may not actually be on the land title yet. Sounds alarming? That’s where the often-overlooked legal process known as Perfection of Transfer (POT) comes in.


house keys
Perfection of transfer

What Is Perfection of Transfer?

Perfection of Transfer is the legal process that ensures the property title is officially transferred and registered under your name at the land office. In many cases, especially with new developments or stratified properties, the title remains in the developer’s name or the previous owner’s name even after you’ve moved in.


Why This Matters to You as a Homeowner

✔️ Full Ownership Rights: Without the title in your name, you don’t legally own the property in the eyes of the law, even if you’ve paid for it.

✔️ Future Sale or Loan Issues: If you plan to sell, refinance, or take a loan, an unperfected title can complicate and delay the process.

✔️ Peace of Mind: Getting your name on the title gives you full control and legal recognition of your property ownership.


When Is Perfection of Transfer Required?

  • When you purchase a strata property (e.g., condos/apartments) and the strata title has been issued.

  • When the developer initially holds the master title and later obtains individual titles.

  • When the SPA was signed but title registration wasn’t completed due to delays or oversight.

  • When housing loans are paid off, and the borrower wants to perfect both the transfer and charge.


Common Misconceptions

🔸 “My lawyer already did the SPA, so this is done.” Not always. Many law firms only handle the SPA but do not automatically proceed with POT unless instructed.

🔸 “It’s not urgent.” Actually, delaying this could cost you more in legal fees, risks, and complications later on—especially if the developer or seller goes out of business.


What You Should Do

  • Check your title: Is your name reflected on it? If not, speak to your lawyer.

  • Set aside a budget: POT comes with its own legal and stamp duty costs.

  • Engage a trusted law firm: Choose a firm that handles the entire property journey—not just the SPA.


Perfection of Transfer may sound like legal jargon, but it’s one of the most important final steps in truly owning your property. Don’t leave your investment in a legal grey area. Take charge and ensure that your name is rightfully on that title—because owning a home should mean truly owning it.

💬 Got questions about your property title? Chat with us live — we’re happy to help!


Disclaimer: This article is for general informational purposes only and does not constitute legal, financial, or real estate advice. While we strive for accuracy, laws and regulations may change, and information may not be applicable to your specific situation. Always consult a qualified professional before making any legal or financial decisions.

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Choo & Lee Advocates & Solicitors (Puchong Branch)

Choo & Lee Advocates & Solicitor

©2024 by Choo & Lee Advocates & Solicitors (Puchong Branch).

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