Transfer by way of Love and Affection

I cannot agree to the ARR “panel”’s answer to Q13 (on the handout given to us on 20.11.10 “die-lock”)!

1^st Schedule is based on “consideration or amount secured”, not on “value” of property.

So even if we were to apply 1^st Schedule to a MoT (by love and affection) transaction, the fees chargeable will be 0 x whatever % applicable in accordance to the 1^st Schedule Fee (which correct me if I’m wrong, in accordance with Rule 2 under 1^st Schedule ie 75% of the full scale).

However, there is a minimum scale charge of RM500 provided under the same Schedule.

As such I would take it that for love and affection transaction, there should be a standard minimal charge of RM500.

I do not consider conveyance on love and affection not worth of fees, but it is in fact a simple transaction. Work only involves preparing the MoT form, adjudication at SDO and registration at CLO.

In my practice experience, MoT by love and affection transactions are mostly genuine father and son or between spouse transactions, even the government allows them special exemption (parents to issue 50%, between spouse is 0%). I don’t see why we need to charge full scale based on “property value” on such transactions. To me, this kind of transaction even if we could only charge RM500 is a way back to the society as well (we are already getting so much charging full scales for SPA transactions and Loan transactions).

Most of them are local folks who only has one property their entire life and they just want to transfer that particular land or house to their children before they die. When I tell them they have to pay so much legal fees, they would ask for an alternative, and that would be a Will… but advise them it would be way more expensive when it comes to estate matter (where Schedule 9 applies). After hearing that, they would leave miserably… thinking why can’t they even “afford” to leave their property to their children.

And if the client is of rich family with a lot of properties, then charge each and every MoT (love and affection) transaction at RM500 separately (we would still earn enough, well maybe cannot go Europe tour but I’m fine with a trip to Hong Kong).

I don’t give a single cent discount to any other situation where ARR is applicable.

I just don’t think there is “consideration” involved in a love and affection transaction.
And I don’t consider charging RM500 for such transaction as being giving discount!