Mandatory requirement to attest a signature on an instrument of transfer

Rajehgopal v Ganashalingam (Majlis Peguam Malaysia, intervener) 2015. COA.

Held: The learned judge found that the word “shall” in s 211 of the National land Code (“the NLC”) makes it a mandatory requirement for the person authorised to attest a signature on an instrument of transfer to ensure that an instrument is signed before him. On the facts, the appellant had breached s 211 of the NLC. There is no provision in the NLC which allows for attestation based on trust and in the absence of the person executing the document. As such, the Complaint was proven and the appellant had committed a disciplinary offence for which he could be disciplined.