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Section 3

Power of High Court to vary dispositions

of Ancestral Worship Ordinance, 1958

State OrdinanceIn forceProvision 3 of 4
Section 3

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(1)

Where a disposition, which is valid under section 2, has been made for the purposes of ancestral worship and it becomes impossible or not reasonably practicable to carry out any or all of the provisions of the disposition, the High Court may set aside or vary the terms of the disposition on such terms as may be just.

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ANCESTRAL WORSHIP

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(2)

Where the ancestral worship is to be carried out in some country other than Sarawak and there is either no person living in that country who is qualified to carry out the worship or where, owing to the smallness of the funds available or other reason, it is unreasonable to expect the person who can carry out the worship to proceed to that country, it shall be deemed to be a sufficient cause to enable the Court to exercise the powers conferred by subsection (1)

(3)

Where any specific property has been left for the purposes of ancestral worship, the High Court may order that the disposition be varied by the substitution of other property for the specific property disposed.