24. Principles of distribution

In making any distribution order, the Land Administrator, which expression, in this section, shall be deemed to include the officer nominated under section 23, shall apply the following principles:

if any land appears to be ancestral customary land, though not registered as such, it shall be transmitted to the customary heiress, subject if necessary to life occupancy;

where any property is found as a fact to be harta pembawa or harta dapatan, it may be transmitted to the customary heiress of the deceased subject to the right of any other person to a share in or charge over that property according to the principle of untung, where applicable, and on registration of the order the Land Administrator may, if necessary, add the words

where any property is found as a fact to be harta carian bujang or harta carian laki bini, it may be transmitted according to the custom of the luak and on registration of the order the Land

the Land Administrator shall give effect to customary adoptions where they are satisfactorily proved;

in all cases, regard shall be had to any partial distribution of property made or agreed upon in the lifetime of the deceased and to the existence of any property which is affected by any such distribution or agreement though not part of the estate;

wherever practicable, the Land Administrator shall avoid transmitting undivided shares in any one lot to members of different tribes; and

where funeral expenses are by the custom chargeable on specific property and the party on whom that property ought to devolve has not paid them, the Land Administrator may require the party to pay the funeral expenses as a condition of inheriting that property or may, by the order, charge that property with the amount of the funeral expenses.