"date of legitimation"  means the date of the marriage leading to the legitimation or, where the marriage occurred before the prescribed date;

  "disposition"  means an assurance of any interest in property by any instrument, whether inter vivos or by will;

  "intestate"  includes a person who leaves a will but dies intestate as to some beneficial interest in his estate;

  "legitimated person"  means a person legitimated by this Act or by any of the written laws repealed by this Act, that is to say:-

(a) the Legitimacy Enactment (Cap. 69) of the Federated Malay States;

(b) the Legitimacy Enactment (19/36) of the State of Johore; and

3 -3. Conditions of application of Act.

(1) Nothing in this Act shall operate to legitimate a person unless the marriage leading to the legitimation was solemnised and registered in accordance with:-

(a) the Civil Marriage Ordinance 1952 * (Ord. No. 44 of 1952), or the Christian Marriage Ordinance 1956 * (Ord. No. 33 of 1956) ;

( b ) the Christian Marriage Ordinance * (Cap. 24) or the Marriage Ordinance 1959 * (Ord. No. 14 of 1959) , of Sabah; or

( c ) the Church and Civil Marriage Ordinance of Sarawak * (Cap. 92) ,

or any Enactment or Ordinance repealed by any of the said Ordinances.

(2) (Deleted by Act 164.)

(3) The legitimation of a person under this Act does not enable him or his spouse, children or remoter issue to take any interest in property save as hereinafter in this Act expressly provided.

---

* Note : This Ordinance has b

4 -4. Legitimation by subsequent marriage of parents.

Subject to section 3, where the parents of an illegitimate person marry or have married one another, whether before or after the prescribed date, the marriage shall, if the father of the illegitimate person was or is at the date of the marriage domiciled in Malaysia, render that person, if living, legitimate from the prescribed date or from the date of the marriage, whichever is the later.

5 -5. Declarations of legitimacy of legitimated persons.

(1) A person claiming that he or his parent or any remoter ancestor became or has become a legitimated person may, whether domiciled in Malaysia or elsewhere, apply by petition to the High Court praying the Court for a decree declaring that the petitioner is the legitimate child of his parents, or that his parent or remoter ancestor was legitimate; and the High Court shall have jurisdiction to hear and determine the application and to make a decree declaratory of the legitimacy or illegitimacy of that person as to the Court may seem just; and that decree shall be binding to all intents and purposes on all persons whomsoever.

(2) Every petition under this section shall be accompanied by such affidavit verifying the facts alleged in the same, and by such proof of the absence of fraud or collusion, as the Court may by any general rule direct.

(3) In all proceedings under this section the Court shall have full power to award and enforce pay

6 -6. Rights of legitimated persons to take interests in property.

(1) Subject to this Act, a legitimated person and his spouse, children or more remoter issue shall be entitled to take any interest:-

(a) in the estate of an intestate dying after the date of legitimation;

(b) under any disposition coming into operation after the date of legitimation,

in like manner as if the legitimated person had been born legitimate.

(2) Where the right to any property depends on the relative seniority of the children of any person, and these children include one or more legitimated persons, the legitimated person or persons shall rank as if he or they had been born on the day when he or they became legitimated by virtue of this Act, and if more than one such legitimated person became legitimated at the same time they shall rank as between themselves in order of seniority.

(3) This section applies only if and so far as a contrary intention is not ex

7 -7. Succession on intestacy of legitimated persons and their issue.

Where a legitimated person or a child or remoter issue of a legitimated person dies intestate in respect of any of his property the same persons shall be entitled to take the same interests therein as they would have been entitled to take if the legitimated person had been born legitimate.

8 -8. Application to illegitimate person dying before marriage of parents.

Where an illegitimate person dies after the prescribed date and before the marriage of his parents leaving any spouse, child or remoter issue living at the date of the marriage, then if that person would, if living at the time of the marriage of his parents, have become a legitimated person the provisions of this Act with respect to the taking of interests in property by, or in succession to, the spouse, children and remoter issue of a legitimated person shall apply as if the person aforesaid had been a legitimated person and the date of the marriage of his parents had been the date of legitimation.

9 -9. Personal rights and obligations of legitimated persons.

A legitimated person shall have the same rights and be under the same obligations in respect of the maintenance and support of himself or of any other person as if he had been born legitimate, and subject to this Act the provisions of any written law relating to claims for damages, compensation, allowance, benefit or otherwise by or in respect of a legitimate child shall apply in like manner in the case of a legitimated person.

10 -10. Provisions as to persons legitimated by extraneous law.

(1) Where the parents of an illegitimate person marry or have married one another, whether before, or after the prescribed date, and the father of the illegitimate person was or is, at the time of the marriage, domiciled in a country, other than Malaysia, by the law of which the illegitimate person became legitimated by virtue of the subsequent marriage, that person, if living, shall within Malaysia be recognised as having been so legitimated from the prescribed date or from the date of the marriage, whichever be the later, notwithstanding that his father was not at the time of the birth of that person domiciled in a country in which legitimation by subsequent marriage was permitted by law.

(2) All the provisions of this Act relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse, children and remoter issue of a legitimated person shall apply in the case of a person r

11 -11. Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other.

(1) Where, on or after the prescribed date, the mother of an illegitimate child, the child not being a legitimated person, dies intestate as respects all or any of her property, and does not leave any legitimate issue surviving her, the illegitimate child, or if he is dead his issue, shall be entitled to take any interest therein to which he or his issue would have been entitled if he had been born legitimate.

(2) Where, on or after the prescribed date, an illegitimate child, not being a legitimated person, dies intestate as respects all or any of his property, his mother, if surviving, shall be entitled to take any interest therein to which she would have been entitled if the child had been born legitimate and she had been the only surviving parent.

12 -12. Saving.

Nothing in this Act shall affect the operation or construction of any disposition coming into operation before the prescribed date, or affect any rights under the intestacy of a person dying before that date.