Malaysia legislation
Section 8
Section 8
Amendment of section 8
(a)
in subsection (1)—
(i)
by substituting for the words “the penghulu or a Settlement Officer of the district or of the locality in which any land of which the deceased was the proprietor is situated, or the Corporation”
the words “the Corporation, or Majlis, or guardian, or next friend”;
(ii)
by substituting for the word “district” the word
“State”; and
(iii)
by deleting the word “immovable”;
(b)
in subsection (2)—
(i)
by deleting the word “immovable”; and
(ii)
by inserting after the word “power” the words
“or other supporting documents evidencing the statements claimed in the petition”;
(c)
in subsection (5), by deleting the word “movable”;
(d)
in subsection (6), by deleting the word “movable”;
(e)
by inserting after subsection (6) the following subsection:
“(6a) Notwithstanding subsection (6), where the valuation of the property for petition for distribution is more than one, the Estate Distribution Officer shall examine each valuation and decide which valuation to be applied in determining whether any estate is or is not a small estate and his decision shall be final and the valuation shall be conclusive for the purposes of this Act.”;
(f)
in subsection (8), by substituting for the words
“the Director of Lands and Mines or the Director General of Lands and Mines, as the case may require,” the words
“the President”;
(g)
in subsection (9)—
(i)
by substituting for the words “the Director of Lands and Mines or the Director General of Lands and Mines” the words “the President”;
and
Small Estates (Distribution) (Amendment)
(ii)
by substituting for the words “he shall forthwith stay all proceedings upon the petition before him until either, as the case may be, an order has been made by the Court under paragraph 5(2)(c) directing him to distribute the estate or an order has been made under subsection 4(2) conferring jurisdiction upon him”
the words “he shall strike out the petition before him and inform the petitioner accordingly”; and
(h)
by inserting after subsection (9) the following subsection:
“(10) The Minister may, with the approval of the
State Authority, by notification in the Gazette, appoint a date for the coming into operation of this section in relation to the Majlis.”.
Amendment of section 8a