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 Question Regarding Passed Away Co-owner, My father is a Passed Away Co-owner

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cfa28
post Apr 4 2016, 05:04 PM

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Dear TS,
Your case is gonna be very complicated and you should consult a Lawyer but I will try to give you some general advice.

Your dad died without a Will and hence, his share of the property (1/4) will be divided in accordance to the Distribution Act. Please read some of the links below for some general guidance.

http://www.hba.org.my/articles/lawyers/2006/when.htm

http://ironwills.com.my/how-your-estate-is...-intestate.html

http://faolex.fao.org/docs/pdf/mal134802.pdf

Now, the case is gonna get very complicated if the following scenario happens.

Assuming that your Mum was still alive when your Dad passed away and you and your siblings were all alive, your Dad share would have gone to your Mother and you / your siblings.

Now if any of your mum passed away or your siblings (touch wood) passed away, your Dad share will be further sub-divided amongst their beneficiaries (regardless if they had a will or not).

So it’s a real mess and you need a Lawyer to advice you. I shall summon one of our legal adviser in lowyat bearbearwong for his expert advice

Now as far as the Law is concerned, unless your uncles used some sneaky / illegal ways, they cannot remove your late Dad name from the Property. This is provided that the Title was actually registered under his Joint Name.

If for some reason, your late dad name was registered and now has been removed, as so many years have passed, your case has been time barred under the Limitation Act, which is 6-years. So, just hope your uncles did not pull a fast one on you.

http://vpnathan-partners.com.my/pdf2/LIMIT...0ACT%201953.pdf

What you need to do is to talk to your uncles about this land. If your uncles have also passed away, then this case gets even more complicated as their share will also be sub-divided amongst their beneficiaries

Moral of story, never buy property under joint name – save for spouse and only if really have to. Else, the Will is a better way to safeguard this mess when one party dies.

PS - Ultimately, you will need to find a Lawyer for this.



 

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