Mary Kraal@KL: My husband owns a leasehold property (house) which was bought some 43 years ago. The developer has offered us a freehold title. The said house is under his and his mother‘s name. She has not left a will and his father is also deceased. He has one brother who is not interested in the property. We want to know how to settle this matter legally. What is Pentadbir Kuasa?
RED: First and foremost, your husband is the owner of half of the property. We need to know the sequence of the passing of your father-in-law and mother-in-law in order to advise you further.
If your father-in-law passed away first, then your mother-in-law would necessarily have inherited part of his assets by law or by his will. Then, the court process would be to apply for a letter of administration and then followed
by a distribution order. Your husband and all his living siblings are all qualified to be the administrators. Any beneficiaries can choose to renounce their rights to the estate of the deceased.
If your mother-in-law passed away first, then we have to deal with the inheritance of your father-in-law and deal with the assets by looking
at both the letters of administration and distribute accordingly.
If the value of the property is less than RM600,000.00, there is an option to deal with it under the small estate jurisdiction of the land administrator rather than the court of law.
Ask the RED expert: Please fax your questions to: 03-2283 1700 or email to nstred@nstp.com.my
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