Flat owners in a dilemma
04/04/2007 The Star By Priya Menon

AFTER 30 years, the residents of Marble Jade Mansion in Jalan Berhala, Brickfields, Kuala Lumpur are fearful for their ownership rights on the flats they thought they owned all this while.

They bought their units for RM15,000 each after reading an advertisement in China Press in 1963, which clearly stated that it was freehold property.

However, once the agreement was ready for signing there was a clause stating that the flat will be leased for 30 years, after which the residents would be allowed to extend their lease for a further 30 years, which some have done. Some residents refused to sign the agreement even though they paid the money for the flat.

Now, after 40 years, the owner has issued letters to the flat owners telling them to vacate as he is selling the property to a Singaporean company for RM4mil, cheaper than the market price.

“My father is the original owner of the unit, I remembered the time when he went to buy the flats, he thought it was freehold and when he saw the clause, he refused to sign the lease agreement,” said Maria Lye, 60.

She is not willing to give up the flat without reasonable compensation from property owner Yap Kim Choon.

“I'm lonely, depressed and afraid, if they take my flat I have no where to go,” said Michael Fong, 83 who lives in his flat alone after his wife's demise two years ago.

Bukit Bintang MP Fong Kui Lun had sent a letter to the land office asking it to check the validity of the documents.

The land office has denied Yap's request to transfer all units to his name, as his mother only owns four units and it is unreasonable to transfer all the units to his name.

The residents have declared caveats against the owner that freezes the property so that Yap cannot sell the property to the Singaporean company.

“ We are issuing the caveats in batches, it is our strategy as he will have to go to court and appeal,” said Fong.

“This way the residents can present their case in the high court as well and let the courts decide.”

Fong said this at a press conference to explain the situation with the flats and the latest developments at Florida Hotel in Brickfields.

“The buyer now has two options, either to take back his money from Yap or he can carry on with the case and ask Yap to sue us,” said Fong.

“If he does carry on with his intention to purchase, we will have to go to court which can be beneficial to us,” he added.

The committee members have decided to do two things, they will file a police complaint against the owner and they will visit the owner to tell him of the latest developments.