Death without A Successor

Reversion of state land may also be via the death of the owner without any successor.
This is stated in Section 46(1)(c) where it stated that under the circumstances o in Section 351
( Death without successor) and Section 352(Abandonment) alienated land may be reverted to
and vested to the State Authority. A successor is a person or entity who takes over and
continues the role or position of another whereas a second successor is a person who takes
over after the death of the original proprietor. It is the right of the State Authority to revert
unclaimed land or land which has no successor this is under Section 46(1).

Section 351 of The National Land Code explains and states when there is a reversion
to or vesting in State Authority on the basis of the proprietor’s death without successors.
Begins with when a Land Administrator receives evidence that was satisfied of the death of
the “original proprietor” of an alienated land had died. Once received the Administrator must
also ensure that there were no petitions filed for a grant of representation to estate or the
original proprietor and no petitions lodged under the Small Estates (Distribution) Act 1955.
Only then he can make an endorsement on affecting the register document of title of the land.
This endorsement effects is similar to a Registrar’s caveat.

A Registrar’s Caveat is stated in Section 319(a) of The NLC where it stated that a
caveat may be entered by the registrar on the registrar document of title of any land. The
effect of a Registrar’s Caveat is in Section 319(1)(b) where to prevent dealings on the land,
claims for tenancy exempt from registration and entry of a Lien-Holders caveat on the land.
This can be seen in the case of Lim Ah Hun v Pendaftar Hakmilik Tanah, Pulau Pinang
where as a registrar’s caveat was entered the land in dispute could not be dealt with as stated
of the effects in Section 319(1)(b). The endorsement will cease to have effect and cancelled
once found by the Land Administrator that the original proprietor is still alive or there has
been a registration of any other person as proprietor.

After making endorsements the Land Administrator shall make a notice in Gazette in
Form 23A and declare that; the original proprietor has died without successors and that the
land is to be reverted back to the State Authority or in situations of an undivided share in the
land it shall be vested in the State Authority at the end of one year beginning from date of
publication if these were not fulfilled; satisfied proof that the original proprietor is alive,
another person has registered as proprietor and a petition filed for grant and distribution of
the estate.

Then, the copies of the notice are to be published according to Section 433. Where it
requires the copy to be in affixed in a noticeable position on the land and on a court house,
mosque, penghulu’s office, community hall or any public places which the Land
Administrator thinks best and if publication in a newspaper is desirable it shall be circulated
in newspapers circulating in the State.
 Once done, the Land Administrator may grant extensions to the period before the
period specified in the notice ends only on application and if it appears reasonable. If
requirements for the notice are not met before the end of the period extension the land shall
then be reverted but maybe subjected to provisions of the current law regarding baitulmal
then only to the State Authority or it will become vested in the State Authority.