Small Estates (Distribution) Act 1955 · Updated to 15 Jul 2024 · Part IV · Special Provisions Relating to Sabah
26C. When a petition has been referred to the Native Court, the
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prescribed
“prescribed” means prescribed by regulations made by the Minister under section 30;
Act, and shall exercise exclusively, in lieu of the Land Administrator, the authority therein granted to the Land Administrator, and shall make a distribution order having regard to subsection 1(2) and (3) of the Wills Ordinance of Sabah [Cap. 158] and the law or custom having the force of law applicable to the deceased, and the decision of the Native Court shall be forwarded to the Land Administrator, who shall arrange for the order of that Court so far as it relates to any interest in land to be registered as may be necessary.
Land Administrator
“Land Administrator” means— (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Collector of Land Revenue appointed for the district or part thereof; and NOTE—The Companies Act 1965 has been repealed by the Companies Act 2016 which comes into operation on 31 January 2017―see subsection 620(1)…
*NOTE―The Native Courts Ordinance of Sabah [Cap. 86] has been repealed by the Native Courts
Enactment 1992 [No. 3 of 1992] which comes into operation on 1 April 1993―see section 31 of No. 3 of 1992.
Enactment
“Enactment” means the Customary Tenure Enactment of Negeri Sembilan and “tribe” means one of the tribes specified in Schedule B to the Enactment. (2) This Part shall be read with the Enactment and words defined therein shall have the same meanings in this Act. (3) In the event of any conflict between this Act and the Enactment, the provisions of the Enactment shall prevail. (4) For the purpose of this Part, the estate shall not include such part of the estate as is “customary estate” within the meaning of the Enactment. All tribal estates to be “small”
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