Do Joint tenancy applicable in Malaysia?

Yes, joint tenancy is recognized and applicable in Malaysia. It is a form of co-ownership where two or more individuals hold title to a property jointly, with equal shares and equal rights. In a joint tenancy, the property is owned by all joint tenants collectively, and each joint tenant has an equal undivided interest in the entire property. The ownership rights and interests are automatically shared equally among all joint tenants, regardless of their respective contributions, and none of them has a separate or divisible share in the property.

When dealing with joint tenancies in Malaysia, the following key principles generally apply:

Unity of Ownership: Joint tenants are considered to have a single and indivisible ownership of the property. This means that each joint tenant has an equal and undivided share in the entire property, and they cannot dispose of or transfer their individual share separately.

Right of Survivorship: The defining characteristic of a joint tenancy is the right of survivorship. If one of the joint tenants passes away, their interest in the property automatically passes to the surviving joint tenant(s) by operation of law. The share of the deceased joint tenant does not become part of their estate, and the surviving joint tenant(s) will become the sole owner(s) of the property.

Four Unities: Joint tenancies are traditionally subject to the "Four Unities" requirement, which includes unity of possession, unity of interest, unity of time, and unity of title. These unities ensure that all joint tenants have equal rights, interests, and responsibilities regarding the property.

Termination: A joint tenancy can be terminated in several ways, including:

- The death of one joint tenant, leading to the right of survivorship.

- Voluntary transfer or sale of the property by all joint tenants.

- Court order or legal proceedings that may dissolve the joint tenancy.

- Severance of the joint tenancy by one or more joint tenants through specific legal processes, resulting in the conversion of their interest to a tenancy in common.

It is essential to note that the creation and management of joint tenancies in Malaysia are governed by various laws and regulations, such as the National Land Code, as well as specific state land laws and regulations. To ensure proper documentation and compliance, it is advisable to seek legal advice and guidance when dealing with joint tenancies in Malaysia.