Malaysia’s lawmakers are considering to amend the existing the hereditary land law to make it easier to divide properties among heirs for cases where there is no will or inheritance agreements, reported Bernama.
In particular, the authorities are mulling to grant the land administrator the power to divide land based on the “majority rule” method under the Small Estates (Distribution) Act of 1955 (Act 98).
On Wednesday (21 March), Deputy Minister of Natural Resources and Environment Datuk Hamim Samuri said one of the amendments is to permit the land administrator to dispose a disputed land and divide the payment among inheritors.
“This means an heir will not have the land physically, but instead have the rights replaced in the form of money. The government is hoping that the proposed amendment will help heirs and the government to resolve the people’s issues arising at this time.”
At present, the amendment is still in the preliminary stages and the ministry is obtaining feedback from stakeholders and the public.
However, the public is encouraged to give their views. For instance, what if not all the heirs want to sell the land? What if they are not satisfied with the selling price? There should also be limitations to prevent the land administrator from disposing a property at a low price, as well as restrictions on conflict of interest to prevent unscrupulous officials from taking land at a cheap price.
Asked on whether the authorities are mulling to set-up a firm to buy hereditary land, Hamim revealed that this is still under deliberation.
“What is important is that the right of every heir must be protected. The solution to a contested property can be immediately made,” he added.
Image sourced from Henry Butcher
This article was edited by the editorial team of PropertyGuru. To contact them about this or other stories email editorialteam@propertyguru.com.my
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