Can Malaysia's Estate Officer Sell Property for Small Estate Debts?

In pursuance of an order made by the District Judge, the executors. filed comprehensive accounts for the purpose of a judicial settlement. ... The will does not require them or authorize them to make any distribution of the estate. They are not empowered to assign this property to one heir, and that to another. They are not empowered to sell either the movables or immovables for the #....

Court of Appeal Putrajaya

comprised in the estate cannot be distributed except by way of sale of the properties, there will exist by implication of law a trust for conversion, which entitles the beneficiaries to the proceeds of sale of the properties, after the deduction of the liabilities of the estate; Small Estates (Distribution) Act 1955 on the basis that the respondent lac....

Court of Appeal Putrajaya

Bank Bumiputra Malaysia Bhd & Ors, [1997] 2 MLJ 805; (e) that as the purpose of the Distribution Act is to ensure that a beneficiary who is entitled to have a share in the estate is not left out and as there is no provision for waiver in the Distribution Act, cl 2 of the 1973 Agreement ... [10] The deceased had on 18 May 1973 executed the Declaration of Gift (P2) intending to make a gi....

Court of Appeal Putrajaya

subject properties under the Distribution Act. ... of distribution of the intestate estate. ... is complete and distribution made according to the law of distribution of the intestate estate. ... [5] On 20 December 2018, the Shah Alam High Court issued an order to vest the Deceased's interest in the five properties to the respondent ....

High Court Malaya Muar

The properties of the Estate be sold through private auction as settlement of distribution of the Estate of the Deceased. iii. The auction reserve price of the said properties to be sold following the Valuer's Reports. iv. ... The Plaintiffs/Applicants have no locus standi to make the application for the vesting of the properties of the Estat....

High Court Sabah & Sarawak Federal Territory Labuan

the estate properties. ... As this estate matter involves disagreement by the members of the same family over the appointment and/or replacement of administrator of the deceased's estate, I make no order as to the costs of encl 37 and encl 66. ... Hence, the COVID-19 pandemic did not hinder or adversely affect the distribution of the estate ....

High Court Sabah & Sarawak Kuching

Administration of Estates Ordinance 1933 (Cap 80), it is a statutorily imposed duty on the respondent to make payment and settlement of the Deceased's debt prior to the distribution of the residue of the estate among the beneficiaries failing which the law provides an avenue ... of distribution of the intestate estate. ... prior to the distribution an....

High Court Malaya Shah Alam

Where the Court annuls a bankruptcy order under s 105 of the Act, it may make an order that the debtor's estate in bankruptcy or the interest therein, reverts to him on such terms and subject to such conditions, if any, as the Court declares by order. ... trustee of all properties of the bankrupt. ... [45] From the list in the tables above, the debt of RM277,913.08 owe....

High Court Malaya Kuala Lumpur

[132] Pursuant to SEDA 1955 and the SEDA Regulations, the administrator of a small estate can only sell land which belongs to the small estate either through a Land Administrator's Distribution Order or an Order for Sale by auction or by private treaty. ... [128] A Land Administrator's Distribution Order or an #HL_....

High Court Malaya Johor Bahru

[12] This application was allowed on 15 October 2019 by the Estate Distribution Officer, Segamat Land Administrator ("SLA") pursuant to s 13 (Order for distribution of small estate), Small Estates (Distribution) Act 1955. ... [48] On this note, at the time the SLA made the order dated 15 October 2019, s 3(2) Small ....

2020 0 Supreme(Bom) 1286

Reverting back to Section 18(2)(c) of the PPE Act, it is evident that Central Government has been conferred the power to make rules for distribution and allocation of work to Estate Officers and the transfer of any pending proceeding from one Estate Officer to another Estate Officer. It says that such rules may provide for all or any of the matters enumerated thereunder. Before analyzing the provisions of Section 18(2)(c) as extracted above, a brief reference may be made to R....

2018 0 Supreme(Mad) 4502

The Administration of the Estate of the deceased, may be granted to any person, according to the Rules of distribution of the Estate. In the instant case, as observed earlier, since it is a case of female Hindu dying intestate, as per Section 15(1)(b) of the Hindu Succession Act, the first defendant being the brother's son of the husband of the deceased, would be the proper person to succeed to the Estate of the deceased. However, the brother and sister of the deceased, by re....

2014 0 Supreme(P&H) 457

(xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of, proceedings for partition, not being a question as to title in any of the property of which partition is sought; (xviii)any question as to the allotment of land on the partition of an estate, holding or tenancy, or as to the distribution of land subject by established custom to periodical re-distribution or as to the distribution of land-revenue on the partition of an e....

2010 0 Supreme(Cal) 1084

More so because an ‘APL’ has been given wide rights and power under Section 247 of the general Administrator other than right of distribution of the estate for the purpose of protection of the estate. There cannot be truncated rights and privileges attached to shares while appointing ‘APL’ over shares held by the deceased. He submits Supreme Court has consistently held that voting rights is an essential and impartible adjunct of the share. He cited the following Supreme Court....

2010 0 Supreme(Cal) 1078

He submits Supreme Court has consistently held that voting rights is an essential and impartible adjunct of the share. There cannot be truncated rights and privileges attached to shares while appointing 'APL' over shares held by the deceased. More so because an 'APL' has been given wide rights and power under section 247 of the general Administrator other than right of distribution of the estate for the purpose of protection of the estate. He cited the following Supreme Court....