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Affidavit Of Ownership for Malaysia

Affidavit Of Ownership Template for Malaysia

An Affidavit of Ownership is a legally binding sworn statement used in Malaysia to formally declare ownership of property, assets, or items. This document, executed under oath before a Commissioner for Oaths, provides detailed information about the owner and the property/asset in question, including how ownership was acquired. The document must comply with Malaysian legal requirements, particularly the Statutory Declarations Act 1960 and Evidence Act 1950, and may be used in various contexts from property transactions to legal proceedings. It serves as official evidence of ownership and can be presented to authorities, financial institutions, or courts as required.

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What is a Affidavit Of Ownership?

The Affidavit of Ownership serves as a formal declaration of property or asset ownership under Malaysian law. This document is commonly required when there is a need to officially establish or verify ownership, such as in property transactions, insurance claims, legal disputes, or administrative proceedings. The affidavit must be sworn before a Commissioner for Oaths and typically includes detailed information about the deponent, the property or asset in question, and the basis of ownership claim. It carries legal weight under Malaysian legislation, particularly the Statutory Declarations Act 1960 and Evidence Act 1950, and can be used as evidence in court proceedings. The document is essential in situations where formal proof of ownership is required but original documentation may be insufficient or unavailable.

What sections should be included in a Affidavit Of Ownership?

1. Title and Jurisdiction: States that this is an Affidavit of Ownership and specifies the relevant jurisdiction (Malaysia)

2. Deponent Information: Full name, NRIC number, occupation and address of the person making the affidavit

3. Oath Statement: Standard declaration that the deponent is making the statement under oath

4. Property/Asset Description: Detailed description of the property or asset being claimed, including identifying features, registration numbers, or addresses

5. Basis of Ownership: Clear statement of how and when ownership was acquired (purchase, inheritance, gift, etc.)

6. Declaration of Sole Ownership: Express statement confirming sole ownership and that no other party has any claim to the property

7. Supporting Facts: Additional relevant facts that support the ownership claim

8. Verification Statement: Statement verifying that all information provided is true and correct

9. Execution Clause: Place for signature, date, and Commissioner for Oaths attestation

What sections are optional to include in a Affidavit Of Ownership?

1. Co-ownership Declaration: Required when property is jointly owned, detailing shares and other owners

2. Encumbrance Statement: Declaration of any existing loans, liens, or encumbrances on the property

3. Historical Ownership: Detailed history of previous ownership when relevant to establishing current ownership

4. Purpose Statement: Statement explaining why the affidavit is being made, if for a specific purpose

5. Third Party Rights: Declaration of any third party rights or interests in the property

What schedules should be included in a Affidavit Of Ownership?

1. Schedule A - Property Documents: Copies of property titles, registration documents, or certificates of ownership

2. Schedule B - Purchase Documents: Copies of sale and purchase agreements, receipts, or other acquisition documents

3. Schedule C - Identity Documents: Copies of deponent's identification documents

4. Schedule D - Supporting Evidence: Additional documents supporting ownership claim (payment records, correspondence, etc.)

5. Schedule E - Property Photos: Photographs of the property or asset (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Real Estate

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Relevant Roles

Legal Counsel

Property Manager

Asset Manager

Company Secretary

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