I have “Undivided Share” in a property, so what is the difference between “Undivided Share” against interest/benefits accorded by the Developer with a Master Title ?
When one says “undivided share” this usually refers to having your name on the Title with the ‘share’ as undivided with others. This undivided share may be transferred or charged as per Section 106 of the Sabah Land Ordinance. In contrast when you purchase a property which is subject to a Master Title being sub-divided (as when purchasing from Developer with Master Title) your name or share or interest/benefits are not found on the Master Title. The only reference to your interest is contractually derived from the Sale & Purchase Agreement between you and the seller/developer. The only rights you have is to sue the developer if he fails to transfer to you the sub-Title in the future subject to issuance by the Land and Survey Department.