Malaysia legislation
Section 60
Section 60
Power of personal representative to dispose of property
(2)
Unless the Court otherwise directs, no sale, transfer, conveyance or assent in respect of immovable property shall be made without the concurrence of all the personal representatives of the deceased; and subject as aforesaid, where there are several personal representatives the powers of all may, in the absence of any direction to the contrary in the will or grant of administration, be exercised by any one of them.
(3)
A personal representative may charge, mortgage or otherwise dispose of all or any property vested in him, as he may think proper, subject to any restriction which may be imposed in this behalf by the will of the deceased, and subject to this section:
Provided that an executor may dispose of any property notwithstanding any restriction so imposed, if he does so in accordance with an order of the Court.
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(4)
An administrator may not, without the previous permission of the Court—
(a)
mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property situate in any State and for the time being vested in him; or
(b)
lease any such property for a term exceeding five years.
(5)
Nothing in this section shall affect subsection 15(2) of the
Trustees Act 1949 [Act 208].
(6)
The disposal of property by a personal representative in contravention of this section shall be voidable at the instance of any other person interested in the property.
Purchase by personal representative of deceased’s property