Hi all, my aunt(not married) passed away last week without leaving a will. I am helping my father to apply for pusaka kecil. According to the law, all the properties will be distributed equally among all siblings. Can I know how could it be done for the properties to be 100% distributed to only 1 of the siblings?

What's wrong with letting it run in accordance to the law?

Anyway off the top of my head each potential recipients can do a waiver of sort to their rights to inheritance if they don't want it.
Maybe ask for legal consultation on the exact steps / forms that needs to be filled.

bust surat kuasa, isi borang kat pejabat pusaka.
pastu dlm tu letak nama penerima dgn pecahan 1/1 for all his properties
klu all waris setuju lah.

ada upper limit jumlah all his harta, so if over that limit, takleh buat sendiri kot. klu salah, sori ye.

had similar experince. in your case, all siblings must sign an agreement and take oath in front of a lawyer stating that they want to pass the inheritance to your father. then, submit everything to the court and wait for the court order

sorry is this applicable to muslim family jugak or non muslim ?

since if islam got faraid thing

If Muslim have to follow faraid.

If nons, one person will be petitioner.

Then have to get other heirs to take oath in front of judge to give up their share.

There’s also a limit of total worth of estate, I think around RM2mil or so.

One thing shit is some banks don’t recognise the surat kuasa to disburse the funds and need you to go to another court to get a probate to release funds.

for non. i think faraid only applies when they all decide to sell and how the money is going to be distributed right? so before that, if one decides not to sell, no one can get any money. please correct me if i'm wrong. thanks.

Faraid is a guideline to be followed however if the property is to be distributed to 1 person, then put the distribution ratio to 1 person but the other entitled siblings or relatives must agreed to it. There is a form to be filled and the siblings or relatives must take an oath stating that they agreed to release their entitlement to that person.

The form is available online myeTaPP

Is quite simple to do IF all entitled siblings or relatives agreed to it else it will be the biggest hurdle.

no, the faraid sistem is to identify who is entitled to the property or cash, car etc. Then the percentage/ratio is determine on who the entitle are whether their kids, siblings or relative. Example, if the deceased the wife with kids, the husband gets less percentage/ratio. If no kids, husband gets more etc..

To add on to this. I dunno was it because covid but i didnt take any oath or go anywhere physically. I just signed some papers and the lawyers took care of it. I am the one who relinquished rights on the asset. I honestly cant even remember what i signed. We only have one house though.

Go to pejabat tanah
isi borang pembahagian harta pusaka. Got tukang tulis
bring all ic copy all adik beradik si mati
wait surat panggilan dari pejabat tanah

Signature in front of commissioner of oaths is enough if unable to attend hearing.

However, the petitioner must be present during hearing and bring witness.

Just walk in and fill up form? I thought need to fill up form and submit all the document online?

U did it yourself or by appointing lawyer? Because I saw that for less than 2m, just fill up form for pusaka kecil, so I think I will just do it myself.

last time offline boss

https://asashartanah.com/cara-mengisi-boran...a-kecil-online/

thru lawyer.

2 Way to do it. Hire Lawyer or go thru Amanah Raya. Your Aunt didnt do any will so you need Lawyer Firm or Amanah Raya to make official will.
Amanah Raya cheaper but take longer time to do all the process. Staff will brief you very detail any thing need to be prepare.

Then go to the Pejabat Pembahagian Pusaka as soon as possible for the forms and further enquiry.

They will give you a list of what forms and documents needed to submit to begin the process. No need lawyer. The lawyer will be doing same at the place, because no will and immoveable property less than 2 million, the pejabat has the legal authority to process the distribution.

The distribution will be according to the Distribution Act for non Muslim and faraid rules for Muslim.

Only when the property is more than 2 million (or maybe 5 million as there seems to be an amendment, in parliament, but don't know whether it is already implemented or not), you need lawyer as it involves high court.

First you go to the pejabat as mentioned in my previous post.

There will be a list of required forms and documents such as the death certificate and copies of mykads of the siblings.

At the final stage where a face-to-face meeting with the person (usually a magistrate) who has legal authority to make the distribution/property title amendment, all the siblings present can voice that they want their share be given to xxxx.

If they can't make it to the meeting, they can sign a form/affidavit and have it endosed/witness by a commissioner of oaths, and give it to you and you hand it over at the meeting.

For Klang folks... the pejabat pusaka kecil in its own building, behind bukit raja mall...