Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“Corporation” means the Amanah Raya Berhad, a company incorporated under the Companies Act 1965 [Act 125] pursuant to section 3 of the Public Trust Corporation Act 1995 [Act 532];
“distribution order” means an order for the distribution of a small estate made under this Act;
“Estate Distribution Officer” means an officer appointed under section 2C;
“High Court” means the High Court in Malaya or the High Court in
Sabah and Sarawak, as the case may require;
(a)
in relation to Sarawak, the District Officer appointed for a district and includes any Assistant District Officer or Sarawak
Administrative Officer appointed for the district or part thereof;
(b)
in relation to Sabah, the Collector of Land Revenue appointed for a district and includes any Assistant Collector of Land
Revenue appointed for the district or part thereof; and
NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]
which comes into operation on 31 January 2017―see subsection 620(1) of Act 777.
Small Estates (Distribution) 9
(c)
in relation to the States in Peninsular Malaysia, the Land
Administrator appointed for a district and includes any
Assistant District Land Administrator appointed for the district or part thereof;
“Majlis”, in relation to a State, means the Majlis Agama Islam, by whatever name called, established under any written law for the purpose of administering Islamic law;
“native” means a native of Sabah or a native of Sarawak;
“native of Sabah” has the meaning assigned to the word “native” in the Interpretation (Definition of Native) Ordinance of Sabah [Cap. 64];
“native of Sarawak” has the meaning assigned to the word “native”
in the Interpretation Ordinance of Sarawak [Cap. 1];
“Native Title” has the meaning assigned thereto in the Land
Ordinance of Sabah [Cap. 68];
“patient” means a person who is a sole beneficiary, suffering from serious illness or injury, or who is bedridden, and unable to attend any proceedings under this Act;
“petition for distribution” means a petition for the distribution of a small estate lodged under section 8;
“prescribed” means prescribed by regulations made by the Minister under section 30;
“President” means the President of Estate Distribution appointed under subsection 2A(1);
“property” means immovable property or movable property or both;
NOTE—The Interpretation Ordinance of Sarawak [Cap. 1] has been repealed by the Interpretation
Ordinance, 2005 [Cap. 61] which comes into operation on 1 July 2005―see section 61 of Cap. 61.
10 Laws of Malaysia ACT 98
“purchaser” means a person who, at the date of the filing by himself, or by any other person, of a petition for distribution, is in occupation of any land registered in the name of the deceased, whether as sole proprietor or co-proprietor, by virtue of an agreement for the sale of that land or any interest therein by the deceased to himself or to any person through whom he claims, or is in possession of any movable property sold by the deceased by a written agreement;
“Registrar” means the Registrar of the High Court and includes a
Deputy Registrar, a Senior Assistant Registrar and an Assistant
Registrar of the High Court;
“Registrar of Titles” includes a Registrar or Assistant Registrar appointed under section 3 of the Land Code of Sarawak [Cap. 81];
“State” includes a Federal Territory;
“valuation officer” means a valuation officer employed by the
Government and includes an assistant valuation officer or a registered valuer under the Valuers, Appraisers, Estate Agents and Property
Managers Act 1981 [Act 242].
PART IA
PRESIDENT OF ESTATE DISTRIBUTION,
DEPUTY PRESIDENT OF ESTATE DISTRIBUTION AND
ESTATE DISTRIBUTION OFFICER
Appointment and powers of President of Estate Distribution