Section 16
Procedure after hearing
of Small Estates (Distribution) Act 1955
(1)
The distribution order shall be drawn up forthwith by the
Estate Distribution Officer and shall lie in his office for the period within which notice of appeal may be given and, if notice of appeal under section 29 has been given, shall continue to lie in the office until the appeal has been withdrawn or decided, and shall if necessary, be amended or redrawn to conform with the decision on appeal. The petitioner shall then arrange for the order so far as it relates to land to be registered as may be necessary and the Estate Distribution Officer shall act under subsection (3) where applicable.
Small Estates (Distribution) 29
(2)
The Estate Distribution Officer in making a distribution order may make an order for entry of caveat and the Land Administrator or
Registrar of Title, upon receiving the distribution order, shall give effect to such order accordingly.
(3)
Where a sum of money in the possession of the Estate
Distribution Officer is payable to any person under or by virtue of a distribution order, the Estate Distribution Officer shall deposit such sum of money with the *Corporation or Majlis if—
(a)
the whereabouts of such person are not known;
(b)
such person refuses to accept payment of such sum of money;
(c)
such person lacks legal capacity; or
(d)
for any other reason it is not practicable to pay such sum of money to such person.
(4)
Where a sum of money has been deposited with the
Corporation or Majlis under subsection (3), the Corporation or Majlis shall hold such sum as trustee for the person entitled to it, and may apply the same for the benefit of that person, or may pay the said sum to that person if he makes a claim thereto in writing and the
Corporation or Majlis is satisfied as to his identity, entitlement and legal capacity to receive it.
(5)
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.
*NOTE―The original provision which used the words “Official Administrator” is now construed as “Corporation”―see subsection 43(3) of the Public Trust Corporation Act 1995 [Act 532].
30 Laws of Malaysia ACT 98