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Hi all, I read this article just now - https://www.propsocial.my/topic/1921/how-to-transfer-property-ownership-between-family-members-in-malaysia - but could do with a bit more advice/info regarding the laws around this, just in case my situation is not so straightforward.

I am British and own an apartment in Malaysia. I would like to gift it to my brother who is Singaporean. What are the legal and financial ramifications of this?

Also, would like to point out he is my half-brother. I have heard this might be an issue. Is this true?

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@ruiyan Transferring of a property to a foreigner (whether from a Malaysian or a foreigner) will require the respective state authority consent first. The state authority will be guided by the rules and regulations pertaining to ownership of property threshold by foreigners in the respective state.      

In the article that you shared here it is stated "Please bear in mind the consideration of love and affection does not apply to property transfers between siblings or next of kin. It is only valid if it’s the parents performing the transfer to their spouse or children. Also, the MOT or Deed of Assignment still needs to be adjudged and stamped." 

I guess transferring by way of gift (love & affection) to your half-brother will not be possible too. You may need to go the way of a Sale & Purchase Agreement or Deed of Assignment to sell the property to your half-brother (perhaps at a nominal sum) subject to the state authority consent that I mentioned earlier. If the consent is granted, your half-brother will have to pay for the stamp duty for adjudication of the transfer. (1% to 4% of the property value depending on the value of the property to be transferred). You will have to engage the services of a lawyer (lawyers fee ranges from 0.5% to 1% depending on the property value).    

If the value of your property falls below the threshold (currently RM1 million and above in Kuala Lumpur and differ in other states) for ownership by a foreigner then you may have to sell off the property and decide from there on what to do with the proceeds.

I would advise you to engage a lawyer for further professional advise on legal matters as I am a real estate agent and not a lawyer. 

Good case study for me to know too. Thank you