Property Transfer Lawyer in Malaysia
Legal assistance for transferring property ownership in Malaysia, including transfers between spouses and family members, transfers by way of love and affection, gifts, partial-share transfers and other non-sale property transfers.
Need to Transfer Ownership of a Property?
A property does not always change ownership through a sale and purchase. Property owners may wish to transfer a property to their spouse, children, parents, grandchildren or another person for family, estate-planning or personal reasons.
Depending on the circumstances, the transfer may be carried out as a transfer by way of love and affection, gift or another appropriate form of conveyance.
Our conveyancing team assists with the legal documentation, stamping, tax-related filings, consent requirements and registration necessary to complete the transfer of property ownership.
Types of Property Transfers We Assist With
Transfer Between Spouses
Transfer of property from husband to wife or wife to husband, including transfers of the whole property or an undivided share.
Parent & Child Transfers
Property transfers from parents to children or children to parents, including transfers undertaken as part of family asset or estate planning.
Grandparent & Grandchild
Assistance with transfers between grandparents and grandchildren, subject to the applicable legal, tax and stamping requirements.
Transfer by Way of Gift
Where no purchase price is being paid, the property may in appropriate circumstances be transferred as a gift or by way of love and affection.
Partial Ownership Transfer
Transfer of a percentage or undivided share of a property, including adding or removing an owner where legally permissible.
Transfer to Another Person
We can also advise on transfers to siblings, relatives, partners or other individuals where the transaction is not a conventional sale and purchase.
What Is a Transfer by Way of Love and Affection?
A transfer by way of love and affection generally refers to a property transfer made without an ordinary purchase price, commonly between family members.
Examples include a parent transferring a property to a child, a child transferring a property to a parent, or a property being transferred between spouses.
The relationship between the transferor and transferee is important. Different stamp duty and tax treatment may apply depending on the relationship between the parties, citizenship, property value and other applicable requirements.
For a more detailed explanation of family transfers, see our guide to transferring property between spouses and family members in Malaysia .
Is a Deed of Gift Required?
You may hear a family property transfer described as a “Deed of Gift”. However, the documentation required depends on the status of the property and the structure of the transfer.
Where an individual or strata title has already been issued, the transfer of the registered ownership will generally involve the appropriate instrument of transfer together with the relevant supporting documents.
Where no individual or strata title has yet been issued, a different documentation and assignment process may apply.
Send us the property details, current ownership information and the proposed new ownership. We can advise on the appropriate transfer documentation and process.
Property With an Existing Bank Loan
A property may still be subject to an existing loan or charge in favour of a bank. In such cases, the ownership cannot necessarily be changed simply by signing a transfer document.
The existing financing arrangements must first be reviewed. Depending on the circumstances, this may involve redemption of the existing loan, refinancing, a new financing arrangement or other documentation required by the relevant financial institution.
Our team can review the title and financing position before advising on the appropriate way to proceed.
How Does the Property Transfer Process Work?
Review the Property and Ownership
We review the title, sale and purchase documents and existing ownership to determine how the property is presently held.
Determine the Transfer Structure
We identify whether the proposed transaction is a family transfer, gift, partial-share transfer or another form of transfer.
Prepare the Transfer Documents
The necessary transfer documents, declarations and supporting documentation are prepared for execution.
Stamping and Tax Filings
The required stamp duty and Real Property Gains Tax documentation will be attended to, including any application for available exemption or remission where applicable.
Obtain Consent Where Required
Some properties may require State Authority, developer, bank or other consent before the transfer can be completed.
Registration of the New Ownership
Where registration at the relevant Land Office or Registry is required, the transfer documents will be presented for registration to complete the change of ownership.
Stamp Duty and RPGT
A transfer made without a conventional sale price does not automatically mean that there will be no stamp duty or tax implications.
The applicable treatment may depend on matters such as the relationship between the parties, citizenship, market value of the property and the nature of the transfer.
Certain qualifying transfers between close family members may benefit from stamp duty exemptions or remissions under the applicable rules. The RPGT treatment of a gift or family transfer may also differ from an ordinary sale.
We can review the proposed transfer and advise on the applicable documentation and current treatment before the parties proceed.
Documents We May Need
Frequently Asked Questions
Can I transfer my property to my child without selling it?
Yes. A property may potentially be transferred from a parent to a child without an ordinary sale and purchase transaction. The appropriate transfer structure, stamping and tax requirements should first be considered.
Can my parents transfer their house to me?
Yes. Parents may transfer property to their children, subject to the property title, existing financing, consent requirements and the applicable stamp duty and tax treatment.
Can I transfer my property to my spouse?
Yes. Property may be transferred between husband and wife. The precise documentation and applicable exemptions or other treatment should be reviewed based on the circumstances of the transfer.
Can grandparents transfer property directly to grandchildren?
Yes. A transfer may be made directly between grandparents and grandchildren, subject to the applicable requirements.
Can I give property to my brother or sister?
A property may potentially be transferred to a sibling or another person, but the stamp duty and tax treatment may differ from qualifying transfers between certain immediate family members.
Can I transfer only 50% of my property?
In appropriate cases, an owner may transfer an undivided share rather than the whole property. The existing ownership, title conditions and financing position should first be reviewed.
Can property with an outstanding housing loan be transferred?
Potentially, but the existing bank financing must first be considered. The transaction may require redemption, refinancing, bank consent or other financing arrangements.
How long does a property transfer take?
The timeframe varies depending on the property, stamping process, financing arrangements and whether any State Authority, developer, bank or other consent is required.
Planning to Transfer a Property?
Whether you are transferring property to your spouse, children, parents, grandchildren or another person, our conveyancing team can advise on the appropriate documentation and handle the transfer process from preparation through registration.
Request a Quotation