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2023 MarsdenLR 940

FEDERAL COURT PUTRAJAYA
TAN KAH FATT & ANOR – Appellant
Versus
TAN YING – Respondent


Petitioner Advocates:Cyrus Das,AG Kalidas,Jasmin Raj ,Respondent Advocate: Loh Chang Woo,Nurul Hafeeza Mohd Zaidi

Table of Content
1. right of illegitimate children to inherit under intestacy (Para 2)
2. details of consolidated suits and parties involved (Para 4 , 5 , 6 , 7 , 8)
3. claims regarding the wrongful exclusion of illegitimate child (Para 9 , 10)

[1] My learned brother, Abdul Rahman bin Sebli, CJSS and my learned sister, Hasnah binti Mohammed Hashim, FCJ have read this judgment in draft and have agreed that this judgment forms the unanimous judgment of this Court.

[2] While there are two central issues for this Court's consideration, the real issue here concerns the right of illegitimate children to inherit under the laws of intestacy in this country. This question vexes the non-Muslim community due to the interplay of two key legislations in this respect - the Distribution Act 1958 [Act 300] and the Law Reform (Marriage & Divorce) Act 1976 [Act 164]. The claim to this right sometimes, unfortunately, strains relationships with the innocent child caught in nether land. Often, the existence of the illegitimate child is not known until one of the parents has demised, and there is no provision for such children, inter vivos. The circumstances in the present appeal are a clear illustration alt

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