Malacca to reclaim land issued under colonialism: CM
Published on: Friday, November 28, 2014
MALACCA: Malacca will reclaim land issued to individuals by the Portuguese, Dutch, British and Japanese administrators. The Chief Minister's office will soon move to revoke these land titles, some on which heritage buildings are sitting on, and to change them to Malay Customary Land (MCL), as allowed under the Malacca Lands Customary Rights Ordinance of the Straits Settlements that was drawn up during the British administration (from 1826 until 1957).The exercise could see dozens of heritage structures in the iconic Jonker Street and tracts of land in Tengkera and Klebang taken back as the state is arguing that the actual owners could not be traced, or that the existing owners or tenants could not provide sufficient proof these properties were owned by their ancestors.
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The Portuguese had bestowed land titles on individuals who were considered loyalists, mostly in the Banda Hilir area.When the Dutch ruled Malacca from 1641 to 1825, Jonker Street was the main trading hub, and it was said that hundreds more land titles were issued during that period.The British, and later the Japanese (1942-1945), also issued land titles, some of which overlapped the same properties. About 75pc of those who inherited these properties have managed to convert the status of the land accordingly under the National Land Code (Penang and Malacca titles) 1963 over the years.A renowned lawyer who requested anonymity said the inheritors of heritage buildings in Malacca were bogged down by overlapping land titles awarded by various colonial powers during their rule.
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The lawyer, who manages a number of Dutch land title conversion applications, said under Section 81(3) of the National Land Code (Penang and Malacca Titles) Act 1963 (Act 518), Form 14A was treated "more or less" as proof of ownership over the said properties.He noted that Section 92 of Act 518 also provides that pending the issuance of a final title, an advance certificate of title would be issued.
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Unfortunately, a number of the inheritors, especially at the old quarters of the historic city, could not produce Form 14A when they failed to substantiate their claims of lineage to the former or original owners of the building or land.Existing property owners, he said, should provide death certificates or any other documents to support their claim over the properties.He said the same law empowers land administrators to provide sufficient notices to the inheritors or next-of-kin to convert the titles to the required status under the Land Code, failing which the state has right to confiscate the land."I have been dealing with a heritage property located in the prime area for the past 15 years, and I still couldn't solve it due to difficulties in proving that the current tenant has a biological relationship with the original owner," he said.Malacca MCA deputy chief Datuk Gan Tian Loo appealed to the state government to give a grace period of six months as a last ditch effort in getting the rightful owner to turn up, before taking over the properties.Malacca Portuguese-Eurasian Association (MPEA) chairman Michael Singho said land deeds issued by the Portuguese to the community should not be converted into MCL.Stay up-to-date by following Daily Express’s Telegram channel.
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