Why Your Property Title Might Not Be Yours Yet – And What You Can Do About It

What Is a Property Title and Why Does It Matter?

Owning a property in Malaysia doesn’t automatically mean you’re the legal registered owner—at least, not until your name is endorsed on the title deed. Many homeowners sign a Sale and Purchase Agreement (SPA), complete their bank loan, and move in—believing that the property is now 100% theirs.

But here’s the catch: if the title deed (whether individual or strata) hasn't been transferred to your name, you’re not yet the legal owner in the eyes of the land office.

This is especially common in:

• High-rise developments (condos, serviced apartments)

• Projects still under the developer’s master title

• Older properties with delays in title issuance

What Is Perfection of Transfer (POT) and Why Do You Need It?

Perfection of Transfer (POT) is the legal process that officially transfers ownership from the developer to you, once the title deed is issued.

You need POT if:

• You bought your home under a Deed of Assignment (DOA)

• The property was sold before the title was issued

• You’re now trying to sell or refinance and the bank or buyer requires a title in your name

If your property is already financed by a bank, Perfection of Charge (POC) must also be done concurrently to transfer the lien (charge) from developer to the bank under your name.

What Happens If You Skip Perfection of Transfer?

• Legal ownership remains with the developer (even if you’ve paid in full)

• You might face difficulties selling or refinancing

• You’ll encounter problems transferring your property to your children or spouse

• Potential disputes in ownership or legal complications down the line

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When Should You Speak to a Lawyer?

You should seek legal assistance when:

• Your title has just been issued and you received a letter from the developer

• You want to sell the property but the buyer requests a title in your name

• You’re refinancing and the bank requests a copy of the individual title

A lawyer will:

• Conduct a title search

• Prepare Form 14A (Transfer of Title)

• Liaise with the land office and developer

• Ensure all taxes, maintenance, and charges are cleared before lodgment

Many Malaysians unknowingly delay their legal ownership process, risking future disputes and financial setbacks. Don’t let a missing title cost you more later—speak to your conveyancing lawyer and check your property status today.

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.