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Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor

The distribution of small estates of intestate deceased persons in Malaysia is governed by the Small Estates (Distribution) Act 1955 (‘the Act’) and Small Estates (Distribution) Regulations 1955 (‘the Regulations 1955’). Under the Act, the collector shall have an exclusive jurisdiction for the di...

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Main Authors: Badrol, Awang, Maheran, Makhtar
Format: Article
Language:English
Published: 2012
Subjects:
K Law (General)
Online Access:http://eprints.unisza.edu.my/2210/1/FH02-FUHA-19-31321.pdf
http://eprints.unisza.edu.my/2210/
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spelling my-unisza-ir.22102021-08-21T08:13:41Z http://eprints.unisza.edu.my/2210/ Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor Badrol, Awang Maheran, Makhtar K Law (General) The distribution of small estates of intestate deceased persons in Malaysia is governed by the Small Estates (Distribution) Act 1955 (‘the Act’) and Small Estates (Distribution) Regulations 1955 (‘the Regulations 1955’). Under the Act, the collector shall have an exclusive jurisdiction for the distribution of small estates. The issue normally arises when a petitioner intentionally and fraudulently omits some legal beneficiaries’ names in the petition for estate distribution and the distribution order is then made based on that petition. Study shows that the applications by the excluded beneficiaries to set aside the distribution order in such cases have been consistently dismissed on the grounds that the High Court has no original jurisdiction to hear the matter and that the aggrieved party should have appealed under s 29 of the Act. The Shariah Court also has ruled that it has no jurisdiction to hear the case. The decision of the Court of Appeal in Ahmad Abd Majeed has changed the position of the law and is of a great relief for the excluded beneficiaries 2012-10 Article NonPeerReviewed text en http://eprints.unisza.edu.my/2210/1/FH02-FUHA-19-31321.pdf Badrol, Awang and Maheran, Makhtar (2012) Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor. Shariah law report, 3.
institution Universiti Sultan Zainal Abidin
building UNISZA Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Sultan Zainal Abidin
content_source UNISZA Institutional Repository
url_provider https://eprints.unisza.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Badrol, Awang
Maheran, Makhtar
Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor
description The distribution of small estates of intestate deceased persons in Malaysia is governed by the Small Estates (Distribution) Act 1955 (‘the Act’) and Small Estates (Distribution) Regulations 1955 (‘the Regulations 1955’). Under the Act, the collector shall have an exclusive jurisdiction for the distribution of small estates. The issue normally arises when a petitioner intentionally and fraudulently omits some legal beneficiaries’ names in the petition for estate distribution and the distribution order is then made based on that petition. Study shows that the applications by the excluded beneficiaries to set aside the distribution order in such cases have been consistently dismissed on the grounds that the High Court has no original jurisdiction to hear the matter and that the aggrieved party should have appealed under s 29 of the Act. The Shariah Court also has ruled that it has no jurisdiction to hear the case. The decision of the Court of Appeal in Ahmad Abd Majeed has changed the position of the law and is of a great relief for the excluded beneficiaries
format Article
author Badrol, Awang
Maheran, Makhtar
author_facet Badrol, Awang
Maheran, Makhtar
author_sort Badrol, Awang
title Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor
title_short Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor
title_full Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor
title_fullStr Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor
title_full_unstemmed Setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. Habibah bte abdul majid & anor
title_sort setting aside of the distribution order made under the small estates (distribution) act 1955 on the ground of fraud; position of the law after the case of ahmad bin abd majeed v. habibah bte abdul majid & anor
publishDate 2012
url http://eprints.unisza.edu.my/2210/1/FH02-FUHA-19-31321.pdf
http://eprints.unisza.edu.my/2210/
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score 13.211869

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