Malaysia legislation
Section 5
Section 5
Declarations of legitimacy of legitimated persons
(1)
A person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may, whether domiciled in Malaysia or elsewhere, apply by petition to the High
Court praying the Court for a decree declaring that the petitioner is the legitimate child of his parents, or that his parent or remoter ancestor was legitimate; and the High Court shall have jurisdiction to hear and determine the application and to make a decree declaratory of the legitimacy or illegitimacy of that person as to the Court may seem just; and that decree shall be binding to all intents and purposes on all persons whomsoever.
(2)
Every petition under this section shall be accompanied by such affidavit verifying the facts alleged in the same, and by such proof of the absence of fraud or collusion, as the Court may by any general rule direct.
(3)
In all proceedings under this section the Court shall have full power to award and enforce payment of costs to any person cited, whether that person shall or shall not oppose the declaration applied for, in case the said Court shall deem it reasonable that the costs should be paid.
(4)
A copy of every petition under this section, and of the affidavit accompanying the same, shall, not less than one month before the filing thereof, be delivered to the Attorney General, who shall be a respondent upon the hearing of the petition and upon every subsequent proceeding relating thereto.
(5)
Where any application is made under this section to the
Court, such person (if any) besides the Attorney General as the
Court shall think fit shall, subject to the rules made under this section, be cited to see proceedings, or otherwise summoned in 060e.fm Page 7 Friday, March 31, 2006 3:40 PM
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such manner as the Court shall direct, and may be permitted to become parties to the proceedings, and oppose the application.
(6)
The decree of the Court shall not in any case prejudice any person—
(a)
if it is subsequently proved to have been obtained by fraud or collusion; or
(b)
unless that person has been cited or made a party to the proceedings or is the heir-at-law, next-of-kin, or other real or personal representative of, or derives title under or through, a person so cited or made a party.
(7)
No proceeding to be had under this section shall affect any final judgment or decree already pronounced or made by any
Court of competent jurisdiction.
(8)
The Rules Committee may make rules for carrying the provisions of this section into effect.
Rights of legitimated persons to take interests in property