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Section 10

Provisions as to persons legitimated by extraneous law

of Legitimacy Act 1961

ActIn forceProvision 11 of 13
Section 10

(1)

Where the parents of an illegitimate person marry or have married one another, whether before, or after the prescribed date, and the father of the illegitimate person was or is, at the time of the marriage, domiciled in a country, other than Malaysia, by the law of which the illegitimate person became legitimated by 060e.fm Page 9 Friday, March 31, 2006 3:40 PM

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virtue of the subsequent marriage, that person, if living, shall within Malaysia be recognized as having been so legitimated from the prescribed date or from the date of the marriage, whichever be the later, notwithstanding that his father was not at the time of the birth of that person domiciled in a country in which legitimation by subsequent marriage was permitted by law.

(2)

All the provisions of this Act relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse, children and remoter issue of a legitimated person shall apply in the case of a person recognized as having been legitimated under this section, or who would, had he survived the marriage of his parents, have been so recognized; and accordingly this Act shall have effect as if references therein to a legitimated person included a person so recognized as having been legitimated.

Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other