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Joint Tenants In Common Agreement Template for Malaysia

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Key Requirements PROMPT example:

Joint Tenants In Common Agreement

"I need a Joint Tenants In Common Agreement for a commercial property in Kuala Lumpur, with three co-owners having different ownership shares (50%, 30%, 20%), including provisions for property rental income distribution and a professional property manager."

Document background
The Joint Tenants In Common Agreement is essential for situations where multiple parties wish to co-own property in Malaysia while maintaining separate and distinct ownership shares. This document is commonly used in both residential and commercial property transactions, family arrangements, and investment partnerships. It differs from joint tenancy by allowing each owner to have a different percentage of ownership and the freedom to transfer their share independently. The agreement must comply with Malaysian property law, particularly the National Land Code 1965, and includes crucial provisions for property management, maintenance responsibilities, decision-making processes, and dispute resolution mechanisms. It's particularly important for protecting each co-owner's interests and preventing potential conflicts by clearly defining rights and obligations upfront.
Suggested Sections

1. Parties: Identification of all co-owners with their full legal names, identification numbers, and addresses

2. Background: Brief description of the property and circumstances leading to the joint ownership arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Ownership Shares: Clear specification of each owner's share in the property, expressed as percentages or fractions

5. Property Details: Complete legal description of the property including title details and registration information

6. Rights and Obligations: Detailed outline of co-owners' rights and responsibilities regarding property use and maintenance

7. Financial Contributions: Terms for sharing costs related to maintenance, repairs, taxes, and other expenses

8. Management Decisions: Process for making decisions about property management, improvements, and major changes

9. Transfer of Interest: Procedures and restrictions for selling or transferring ownership shares

10. Death of Co-owner: Provisions regarding succession and transfer of ownership upon death of a co-owner

11. Dispute Resolution: Procedures for resolving disagreements between co-owners

12. Termination: Conditions and procedures for terminating the agreement or selling the entire property

13. Governing Law: Specification that the agreement is governed by Malaysian law

Optional Sections

1. Right of First Refusal: Optional clause giving existing co-owners first right to purchase if one owner wishes to sell their share

2. Property Usage Schedule: Include when co-owners need specific arrangements for sharing or rotating property usage

3. Property Manager: Include when parties agree to appoint a professional property manager

4. Insurance Requirements: Detailed insurance obligations when property requires specific coverage

5. Mortgage Provisions: Include when the property is subject to a mortgage

6. Rental Income: Include when the property will be rented out and income needs to be distributed

7. Improvements and Alterations: Detailed procedures for making and approving property improvements when significant renovations are anticipated

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property including lot number, title details, and boundary information

2. Schedule B - Ownership Shares: Detailed breakdown of ownership percentages and initial capital contributions

3. Schedule C - Financial Obligations: Detailed breakdown of shared costs and payment responsibilities

4. Schedule D - Property Rules: Specific rules and regulations for property use and maintenance

5. Appendix 1 - Property Title: Copy of the property title deed

6. Appendix 2 - Property Valuation: Independent valuation report of the property

7. Appendix 3 - Property Condition Report: Detailed report on the condition of the property at the time of agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Property Development

Legal Services

Banking and Finance

Property Management

Construction

Investment

Housing Development

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Investment

Operations

Risk Management

Compliance

Business Development

Client Relations

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Property Developer

Investment Manager

Conveyancing Executive

Land Administrator

Property Investment Advisor

Estate Planning Consultant

Banking Officer

Property Investment Analyst

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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