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How could movable estates such as vehicle, saving account and share be distributed?

The movable and immovable estate can be distributed together during the small estate distribution hearing.

A settler (the deceased) has made a will which is contrary to the restrictions under the Land (Group Settlement Area) Act 1960 (GSA).Can the will be executed?

Any will that is contrary to the Act can not be implemented.

Dokumen hakmilik bagi tanah-tanah rancangan dikeluarkan berperingkat. Ada sebahagian dikeluarkan terdahulu dan pernah diturunmilik kepada seseorang. Bolehkah dokumen tanah yang diterima kemudian itu diturunmilik kepada seseorang yang lain?
Dokumen tanah yang diterima kemudian tidak boleh diturunmilik kepada waris lain. Ini adalah disebabdkan hakmilik yang tertinggal itu akan menuruti perintah yang sama dalam perbicaraan terhadap hakmilik yang dibicarakan terdahulu, kerana kesemuanya adalah hakmilik berangkai.
What is the rationale of the restriction for the Land (Group Settlement Area) Act 1960 (GSA) not to permit more than two beneficiaries's names on the title?

The rational of the restriction is to achieve the spirit of the Act (GSA) which was to maximize revenue from agricultural activities.

 
Adakah tanah yang dikeluarkan hakmiliknya atas nama isteri simati seperti kes peneroka meninggal sebelum dokumen hakmilik dikeluarkan dikira sebagai harta pusaka simati atau isterinya?
Sepatutnya, harta itu adalah harta peneroka asal. Walaubagaimanapun, setelah dokumen hakmilik didaftarkan kepada nama isteri simati, Pentadbir Tanah perlu merujuk kepada Seksyen 340 Kanun Tanah Negara, yang menyatakan hakmilik yang tidak boleh disangkal kepada pemilik yang tertera namanya itu. Maka demikian, harta itu dikira sebagai harta pusaka isteri simati.
Peneroka asal telah meninggal dunia sebelum dokumen dikeluarkan. Selepas itu, dokumen hakmilik dikeluarkan diatas nama isteri peneroka. Bagaimanakah perkara rersebut berlaku?
Perkara ini berlaku kerana waris tidak membuat permohonan pusaka dengan merujuk kepada nombor R.O.H setelah peneroka meninggal dunia. Oleh yang demikian urusan pengeluaran dokumen hakmilik telah ditukar terus kepada nama isteri simati tanpa ada perintah perlantikan pentadbir daripada Pentadbir Tanah.
If a marriage is not registered in accordance with the Law Reform (Marriage and Divorced) Act 1976, is the widow/widower entitled to inherit one of them in the event of death?

Any marriage solemnized under any law, religion, or custom prior to 01 March 1982 and is not registered, the marriage is deemed to be valid under the law and is eligible to inherit. For unregistered marriage solemnized after the date, the marriage is deemed to be invalid and therefore not eligible to inherit.

 
If all the beneficiaries live far away from the deceased's estate, uninteresred to that estate, or have the desire to sell the property. How can this be implemented?

Beneficiaries may sell the estate provided that the Letter of Administration for an order for sale has been obtained

 
Adakah ibu dan bapa simati yang mengalami maslah nyanyuk masih dikira sebagai waris simati?
Walaupun kedua ibu bapa si mati sudah tua dan nyanyuk mereka masih di kira waris yang sah dan layak ke atas pusaka si mati.
What is a customary land?

Customary land is a land gazetted under the Enakmen Pegangan Adat Bab 215 andEnakment Pegangan Adat (Tanah Lengkongan) 1960 , and it is inherited by a tribe (suku’). In the registration certificate ,the name of the suku is stated .Customery land is located in Negeri Sembilan and Melaka.

 
What is the right of an illegitimate child in islamic Law of inheritance?

According to the Islamic Law of Inheritance, an illegitimate child can only inherit from his mother but not from his father.

 
Does non-Muslim practise the concept of husband-wife common property?

The concept of  husband-wife common property  does not exist in  non-Muslim’s practices, however there is a concept of matrimonial assets among non-Muslim couple where the property will be divided between husband and wife as soon as the marriage is being annulled but not after the death of one of them.

 
Before the enforcement of the National Land Code 1965, there are interests such as the Statutory Declaration (Kedah) and the Approved Application(AA) Land. Are both types of interests considered as an estate?

Both interests can be considered as part of the estate as other types of title and it can be inherited.

 
Do the trust deed is a part of the deceased's estate?

Trust deed is a part of the deceased's property if he/she have been named as the beneficiary. However, if he/she act as the trustee so the trust deed can't be demanded as the deceased's estate.

 
 
Do the land Register of Holdings under the Land (Group Settlement Area) Act 1960 is consider as estate?

Yes, under the Land (Group Settlement Area) Act 1960, it is considered as an estate of the deceased.

 
Do the mining lease which has been registered under the deceased's name being declared as the deceased's estate?

The mining lease can be considered as the deceased's estate because the deceased is the absolute owner and can be inherited to the beneficiaries.

 
Can we define the Temporary Occupation License (TOL), business license and public transport permit as the estate property?

Licenses and permits can not be inherited, and it will lapse after the original owner's death.

 
What is property?

Property is cash, shares, savings banks, the Employees Provident Fund (EPF), insurance, vehicles, firearms, jewelry and others.

 
What is as immovable property?

Immovable property is land or interest in it. Permanent building is covering the definition of immovable property.

 
What is a small estate?

Small Estate Distribution is the property that consisting of immovable property (land / home) and property over the current total value not exceeding RM 2 million and the deceased did not leave a will under the 1949 Act Testament.

 
Apakah yang dimaksudkan sebagai harta pusaka?
Harta pusaka ialah semua harta dan kepentingan si mati yang kematiannya telah dapat dibuktikan.
Is the process of land transfer on terminated land under the Land (Group Settlement Area) Act 1960 (GSA) the same as a non-GSA land?

The transfer process of a terminated GSA land and a non-GSA land is the same. However, the applicant must get the confirmation on the status from the Land Administrator during the hearing. The confirmation can be obtained from the State Authority (Land Office) through the State Gazzette.

 
Adakah proses turunmilik tanah pusaka yang telah digadaikan semasa hayat simati boleh dilakukan?
Memandangkan si mati masih berhutang dengan pihak bank, maka proses pindahmilik kepada waris tidak boleh dilakukan. Surat Kuasa Mentadbir akan dikeluarkan, dan pentadbir akan diarahkan untuk menyelesaikan baki hutang terlebih dahulu.
Jika kesemua waris bersetuju, bolehkah tapak rumah diturunmilik kepda seseorang, dan tapak pertanian diturunmilik seseorang yang lain?
Tanah-tanah yang tertakluk kepada Akta GSA adalah berangkaian di antara setiap satu hakmilik. Ia tidak boleh dipajak, digadai, dicagar, dan dipindahmilik melainkan bersekali dengan lot-lot yang berangkai dengannya.
What action can be taken if the Administrator is dishonest?

If an administrator is found to be dishonest in the administration of the estate, the rest of the beneficiaries may apply to appoint a new administrator and remove the current administrator

 
What action can be taken in the case that the administrator dies?

Should death occur on the administrator, benefiaciaries are advised to submit an application to appoint a new administrator and list down the former administrator's heirs in the application, in case where the former administrator is one of the deceased's beneficiaries.

 
To what extent the power of an administrator on the administrered estate?

The power of an administrator is limited to the administration and management of the estate based on Section 13, Small Estate (Distribution) Act 1955. In actual fact, the deceased estate is not being distributed yet and is still in the name of the deceased.

 
Berapa orang pentadbir boleh dilantik bagi mentadbir harta simati?
Merujuk kepada Akta Probet dan Pentadbiran, pentadbir boleh dilantik tidak melebihi 4 orang sahaja.
Who is qualified to be an Administartor?

An Administrator may be appointed amongs the beneficiaries. Apart from that, the Amanah Raya Berhad may also be appointed in certain circumstances.

 
How will the distribution order be issued in a case where there are more than two beneficiaries of a land under the Land (Group Settlement Area) Act 1960 (GSA)?

Where there are more than two beneficiaries on the GSA land status, only an order for the Letter of Administratiom is granted where the appointed administrator is responsible to manage the estate and distribute whatever proceeds derived from the estate to the beneficiaries based on the respective share rate.

 
If the deceased is an unmarried Muslim, woman/man who will inherit the estate according to Faraid?

The distribution is as follows;

Father - 2/3 bahagian

Mother   - 1/3 bahagian

Siblings are not entitled to receive anything.

 
Who can inherit the estate of a wife according to Faraid?

Father – 1/6 part

Mother – 1/6 part

Husband – ¼ part iv) Children take the remaining portion in consideration of 2 parts for sons and 1 part for daughters ( 2 : 1 ).

 
All the parties are still not satisfied with the outcome of the appeal, can it be further appealed to the Federal Court?

Under the Small Estates (Distribution) Act 1955, the decision of the High Court is final and cannot be appealed further in any other court of law.

 
Who is eligible for applying the estate?

The next of kin such as husband, wife, father, mother, children and other legal heirs to the deceased; the creditors, the chargee, the will receiver, the Baitulmal, the Penghulu, the Settlement Officer, the Trustee, the Trust Receiver, the Power of Attorney holder, Amanah Raya Berhad and the buyer.

 
Who is regarded as a buyer under the Small Estates (Distribution) Act 1955 (Amendment 2018)?

Section 2 of Small Estates (Distribution) Act 1955 (Amendment 2008) describes a person as buyer on the date of application or distribution of the small estate is made either by himself or others, reside (in Occupation) of any land or interest which registered in the name of the deceased, through the sale and purchase agreement between himself and the deceased.

 
Can the application of small estate distribution that has been registered in one district transfered to another district for the convenience of the beneficiaries?

Can, however, the applicant must make written application to the respecting District Land Administrator stating the purpose of why the transfer application is made. Application will be forwarded for the State’s Director of Land and Mines’ approval if it involves districts overlapping in the same state; and the Director General of Land and Mines if it involves state overlapping.

 
If the deceased has several parcels of land in different districts, where the application can be made?

Application can be made at any of the district where deceased’s immovable property located.

Where the application of the small estate distribution can be made?

Application for small estate distribution can be made at the Land Office or Small Estate Distribution Office which available in the district where the immovable property is located.

 
Does the application can be preceded if the deceased was a Felda settler, but the document of title has not been issued?

Application can be made even though the document of title has not been received and the deceased's immovable property statement can be search by using the number R.O.H (Registration of Holding) that can be verified by the Felda/Felcra Manager.

 
If not all of the beneficieries were able to attend the hearing. Is it possible for them to agree on appointing an administrator for the estate?

The appointment of an administrator can be made based on the consent of the beneficiaries who attended the hearing, provided the Land Administrator is satisfied with the trait of the administrator candidates. The appointment of administrator for the deceased estates is not the final settlement for distribution of the estate since the power of the administrator is also is limited.

Is it permissible for a minor beneficiary to hand over his/her portion in the estate to the other beneficiaries during the proceeding?

Minor beneficiaries may hand over their proportion with the consent of their guardians, provided that the Land Administrator is of the opinion that, the handing over will not cause any injustice to the said beneficiaries.

If a beneficiary is unable to attend the hearing. What action should he/she take?

If there is an adult beneficiary who is unable to attend the hearing, he/she shall lodge a Letter of Consent (the DDA Form) signed before the Commissioner of Oaths, Magistrate or the Land Administrator. The form will state how the beneficiary wants his/her share to be distributed.

If some of the beneficiaries were unable to be served by notice, would the hearing be invalid?

Even though the beneficiaries  did not receive the notice to attend the hearing, it will not make the hearing invalid, unless in the opinion of the High Court, it had caused  substantial injustice to the parties involved.

 
If only one beneficiary (applicant) attends the hearing, can the distribution order be issued?

If only one applicant attends the hearing, the distribution order may only be issued as per Faraid (Islamic Law of Inheritance) or Distribution Act 1958.

 
What is the purpose of the hearing?

The main purpose of hearing is to determine the beneficiaries, distribution of the estate, and to decide on any demand or claim from any interested parties

 
How are the beneficiaries notified to attend the hearing?

The applicant and each beneficiary will be notified via Notice of Petition and Hearing (the D Form ) which will be personally delivered. However, if for some reason, hand delivery is not possible, the notice may be served via a registered post together with a card of receipt  acknowledgment. It will also be displayed at public places such as mosques, surau, public halls and others in order to inform the public if there is any an objection or claim on the estate.

 
Can the public attend the hearing?

It is an open hearing and may be attended by members of the public.

 
Should minor beneficiaries (under the age of 18) attend the hearing?

Minor beneficiaries (under the age of 18) are not required to attend the hearing as they are represented by a guardian appointed by the Land Administrator.

 
Siapakah yang boleh menyaksikan surat akuan bersumpah?
Surat akuan bersumpah boleh disaksikan oleh dua (2) orang saksi bebas yang mengenali si mati dan menyaksikan kematian si mati.
Who is an independent witness?

An independent witness is a person who has no beneficial interest in the deceased's estate.

 
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