Property and conveyancing
Naidu Chambers | Bangsar, Kuala Lumpur
Naidu Chambers, in Bangsar, Kuala Lumpur, acts for buyers, sellers, owners, families and companies on property transactions in Peninsular Malaysia, from the first offer to the day the keys change hands.
The firm acts in:
- Subsale purchases and sales of homes, shops, offices and factories: the sale and purchase agreement and the memorandum of transfer
- Purchases from developers, for the buyer
- Property bought or sold through a company
- Transfers between family members
- Transfers to beneficiaries after probate or letters of administration
- Loan and financing documents, where the bank appoints the firm
- Refinancing, redemption of loans and discharge of charges
- Strata title, individual title and deed of assignment matters
- Tenancy agreements for landlords and tenants
- Caveats and property disputes (see civil and commercial litigation)
How a subsale usually works
- Offer and earnest deposit. The buyer signs a letter of offer and pays an earnest deposit. The balance of the deposit, commonly bringing the total to 10% of the price, is paid when the sale and purchase agreement is signed.
- Searches and the agreement. The lawyers search the title at the land office and check for bankruptcy or winding-up, then prepare and agree the sale and purchase agreement.
- Signing, stamping and consents. The agreement is signed and stamped. Any consent needed, for example state consent for leasehold land or the developer's consent where there is no title yet, is applied for.
- Loan documents. If the purchase is financed, the buyer signs the bank's loan documents, which are stamped.
- Transfer and charge. The memorandum of transfer is stamped and presented at the land office for registration, together with the bank's charge where there is a loan.
- Completion. The balance of the price is paid within the completion period. The seller's loan is redeemed, the seller receives the balance, and vacant possession is delivered.
Many subsale agreements set a completion period of three months, often with a one-month extension on payment of late interest. The actual period depends on the agreement and on any consents needed.
Documents to prepare
Buyers: identity card or passport; the letter of offer and deposit receipt; the bank's letter of offer if the purchase is financed; for a company, its registration documents and a board resolution.
Sellers: identity card or passport; a copy of the title, or the developer agreement if there is no title yet; the latest quit rent and assessment receipts; a recent maintenance statement for strata property; a current loan statement for redemption.
Stamp duty calculator
An estimate of stamp duty on the memorandum of transfer and on a loan agreement, at the rates in the Stamp Act 1949.
Estimate only. General information, not legal or tax advice. Rates: Stamp Act 1949, First Schedule, items 32(a), 32(aa) and 32(ab) (transfer) and item 27(a)(iii) (loan agreement), as set out in the consolidated text published by the Inland Revenue Board (LHDN) as at 1 January 2026: Stamp Act 1949 (hasil.gov.my). The 8% rate for foreign buyers of residential property applies to sales from 1 January 2026. Duty on a transfer is charged on the price or the market value, whichever is greater, so it may be higher if LHDN assesses a higher market value. The calculator does not apply exemptions or remissions (for example for first homes or transfers between family members), does not cover loans to small and medium enterprises, and shows stamp duty only. Rates checked 12 November 2026; a Budget or Finance Act can change them.
Contacting the firm
To make an enquiry, send a short note with your name, the names of the other parties (so the firm can check for any conflict of interest), the property's town or area, whether you are buying, selling, transferring or refinancing, and any dates in a letter of offer. Please do not send detailed documents until the firm has confirmed it can act. Every enquiry receives a reply.
Send a confidential enquiry Call +60 3-2779 5017Updated 12 November 2026.
Frequently asked questions
Do I need my own lawyer when I buy or sell a property in Malaysia?
It is wise for each side to have its own lawyer. In a sale, a lawyer acts for either the buyer or the seller, not both. If the purchase is financed, the bank may appoint its own lawyer for the loan documents, or may allow the buyer's lawyer to act for it as well. Confirm this with your bank early.
How long does a subsale take?
Many subsale agreements set a completion period of three months from the date of the agreement, or from the date the last consent is received, often with a one-month extension if late payment interest is paid. The actual period depends on the agreement and on approvals such as state consent for leasehold land. Purchases from developers follow statutory forms, which set delivery of vacant possession at 24 months for landed homes and 36 months for strata homes from the date of the agreement.
How is stamp duty on the transfer calculated?
Stamp duty on the memorandum of transfer is charged on the price or the market value, whichever is greater. For Malaysian citizens, permanent residents and Malaysian companies the rates are 1% on the first RM100,000, 2% on the next RM400,000, 3% on the next RM500,000 and 4% above RM1,000,000. Foreign buyers pay a flat 8% on residential property sold from 1 January 2026, and 4% on other property.
What stamp duty is payable on a housing loan agreement?
A loan agreement or charge that is the main security for an ordinary loan is charged RM5 for every RM1,000 or part of RM1,000 of the loan, which is 0.5%. Different rates apply to some loans to small and medium enterprises. Exemptions, such as the first-home exemption, may reduce or remove the duty if their conditions are met.
What happens if the strata title has not been issued yet?
If the strata title has not been issued, the seller's rights under the original agreement with the developer are usually sold by a deed of assignment, often with the developer's consent. Once the strata title is issued, ownership is transferred by a memorandum of transfer at the land office. Your lawyer will check which route applies to the unit.
How is a property transferred after the owner dies?
The executor named in a grant of probate, or the administrator under letters of administration, first registers as the deceased owner's representative at the land office. The property is then transferred to the beneficiaries under the will, or under the Distribution Act 1958 if there is no will. Some smaller estates are handled through the land office under the Small Estates (Distribution) Act 1955 instead.
What does refinancing a property involve?
The new bank approves the loan and its loan documents and charge are prepared and signed. The new bank pays off the existing loan, the old charge is discharged, and the new charge is registered at the land office. Check the existing loan for a lock-in period before you start, as early settlement may carry a charge.
What documents should a buyer or seller prepare?
Buyers need an identity card or passport, the letter of offer and deposit receipt, and the bank's letter of offer if the purchase is financed. A company buyer also needs its company registration documents and a board resolution. Sellers need an identity card or passport, a copy of the title (or the developer agreement if there is no title yet), the latest quit rent and assessment receipts, a recent maintenance statement for strata property, and a current loan statement for redemption.
General information, not legal advice.