Caveats and claims: Malaysians’ struggles with family land rights

KOTA BHARU - A 65-year-old elderly man was left confused when he suddenly saw someone placing boundary stones on his rubber and oil palm plantation land in Lubok Jong, Rantau Panjang, Pasir Mas.

The incident occurred in 2021 on his land, which is located near Taman Halal Pasir Mas.

His son, Ji, 40, claimed that his father later went to the land office for a check and was informed that someone else owned the land.

"The land stretches over 2.2 hectares and has been owned since 2008.

Rubber trees planted by Ji's father on land owned since 2008.

"Somehow, while my father was clearing the plantation, someone placed boundary stones across our land, causing us to lose 0.2 hectares of land. The person claimed to be from a department," he told Sinar.

Ji, who is also a businessman, said his father negotiated with the staff at the office and was almost willing to give up that portion of land, but his sister's quick action saved them from losing it.

"When I found out, I contacted the office, and they admitted that there had been a mistake on their part. Since I was still not satisfied, they asked me to write a letter," he said.

Ji said that he then wrote a letter to the relevant authorities to arrange a meeting with all involved parties and requested proof of documents and the process of acquiring the land.

He said the matter is still unresolved to this day, but he would not remain silent and would continue checking regularly to prevent others from easily taking their land.

"My father has the land title in his own name, he paid the premium before, and he still pays the land tax, and the land office accepts it with receipts for the payments.

"I will not hesitate to take legal action if this happens again," he said.

Late Mother's Family Attempt to Seize All the Land

Meanwhile, in Ipoh, a man is determined to take legal action to prevent any transactions by his father and aunt on the family’s inherited land.

Firdaus, 41, from Taiping said the action was taken after discovering that his late mother still held ownership of the 1.2-hectare land.

He said that since his mother passed away in 1995, he was told that his family no longer had rights to the inherited land because it had gone through a transfer of ownership process.

"I was the eldest son and only 11 years old when my mother passed away. When my uncle and aunt told me that, I accepted and believed it.

"Until about two years ago, a friend of mine who worked at a law firm suggested that I do a search and check again on the ownership of the land," he told Sinar.

He said that after conducting the check, it was found that no transfer of ownership had been made and his mother’s name was still listed on the land title.

He said the inherited land was granted by his late grandfather to five children, including his mother.

"Honestly, I am disappointed and upset with my uncle and aunt for trying to hide and deny our rights.

"Therefore, to protect my late mother's rights, I am determined to place a caveat so that they cannot transfer or sell the land without everyone's consent," he said.

Firdaus said the process of filing the caveat is still in progress as he is gathering the necessary documents.