Malaysia legislation

Section 24

of AKTA HARTA PUSAKA KECIL (PEMBAHAGIAN) (PINDAAN) 2022

Seksyen 24

Akta ibu dipinda dengan menggantikan Jadual Pertama dengan jadual yang berikut:

“First Schedule

[Subsection 15(5)]

MATTERS TO BE TAKEN INTO CONSIDERATION BY ESTATE DISTRIBUTION OFFICER

IN DISTRIBUTING ESTATE

In the exercise of any discretion of the Estate Distribution Officer to determine whether to make a distribution order in accordance with any agreement between the beneficiaries or in settling the terms of any distribution order providing for the distribution of property, the Estate Distribution Officer shall have regard to the following considerations:

(a)

in relation to immovable property—

(i)

dividing the land into several lots in several names may seriously diminish the value of the estate as a whole;

(ii)

the real value of small shares, especially when represented by complicated fractions, is less than their proportionate values;

(iii)

it is not conducive to good cultivation or to peace in a family for persons who may have conflicting interests to be undivided co-proprietors of land;

Undang-Undang Malaysia 20

Akta A1643

(iv)

it is greatly to the advantage of a minor or a person of unsound mind that his co-proprietors should be those most nearly related to him; and

(v)

valuations are necessarily estimates and are only approximately correct; it is unnecessary that the estimated value of a lot should be precise amount of a beneficiary’s mathematical share;

it is sufficient if the estimated value of a lot substantially corresponds to a beneficiary’s calculated share; and

(b)

in relation to movable property—

(i)

type of movable property whether can be divided or not; and

(ii)

the rights to which any beneficiary or interested party is entitled to may consist in terms of the physical share of the actual movable property or its value.”.