Malaysia legislation

Section 58

of *TRUSTEE ACT 1949

Section 58

Where a vesting order is made as to any land under this Act founded on an allegation of any of the following matters, namely—

(a)

the personal incapacity of a trustee or chargee;

(b)

that a trustee or chargee or the personal representative of or other person deriving title under a trustee or charge is out of the jurisdiction of the Court or cannot be found, or being a corporation has been dissolved;

(c)

that it is uncertain which of two or more trustees, or which of two or more persons interested in a charge, was the survivor;

(d)

that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or chargee, or the last surviving person interested in a charge, is living or dead; or

(e)

that any trustee or chargee has died intestate without leaving a person beneficially interested under the intestacy or has died and it is not known who is his personal representative or the person interested, the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any Court upon any question as to the validity of the order; but this section does not prevent the Court from directing a reconveyance or surrender or the payment of costs occasioned by any such order if improperly obtained.

Trustee 59

Jurisdiction to make other Order

Power of Court to authorize dealings with trust property