A Need for Regulatory Framework of Nominated Property in Malaysia: An Issue of Rights and Duties of Nominee

Hassan, Siti Asishah; Rashid, Rusnadewi Abdul

doi:10.1007/978-981-13-0203-9_48

Cited by 2 publications

(4 citation statements)

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“…Thus, in the conventional practice, one or two administrators will be appointed to manage the plantation and share the income derive from plantation activities among legal heirs proportionately. Nonetheless, there are many cases in which the appointed administrators fail to execute the trust (Hassan & Abdul Rashid, 2019;Kamarudin, Abdullah, & Mohamad, 2015;Mohamed Hasnan et al, 2017). This causes several heirs not to gain any income.…”

Section: Inheritance Issues Of Felda Landmentioning

confidence: 99%

Inter Vivos Gift as Land Inheritance Mechanism for FELDA Land Holding

Muhamad¹,

Kamarudin²,

Muda³

et al. 2020

JPL

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This study aims to identify the key points of the FELDA land inheritance issues and their possible solutions. Land (Group Settlement Areas) Act 1960 was analyzed as it is the main act that regulates FELDA land management. This study discovered that Section 14 limits the land holding to not more than two holders while Section 15 prohibits subdividing or partitioning over FELDA land holding. An administrator is appointed to manage the land on behalf of other heirs and this practice poses risk as the administrator may fail to execute the trust. Hence, inter vivos gift is proposed to address this problem. It was also found that status of FELDA land holding is considered as ‘Conditional Holding’ since it limits the number of registered holders and authorisation to inherit the FELDA land to the second FELDA settlers generation This study concluded that inter vivos gift is legal and this is evidenced from the Section 215, National Land Code 1965 which demonstrates that FELDA land holding can be transferred to the second generation via ‘Form 14A’ at the land offices with the consent from the State Authority and FELDA management as specified in the Land (Group Settlement Areas) Act 1960.

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Section: Inheritance Issues Of Felda Landmentioning

confidence: 99%

Inter Vivos Gift as Land Inheritance Mechanism for FELDA Land Holding

Muhamad¹,

Kamarudin²,

Muda³

et al. 2020

JPL

View full text Add to dashboard Cite

show abstract

“…The asset which has been named is known as nominated property (harta penamaan). Generally, nominated property can be defined as the property that has been named on one nominee or more by the owner to be handed over the deceased estate (Hassan & Abdul Rashid, 2019).…”

Section: Nomination Conceptmentioning

confidence: 99%

“…The nominees can also receive that fund if they are part the legal heirs (Hassan & Abdul Rashid, 2019 However, there exists a significant problem in the status of nominee whether as an absolute owner or an administrator based on the Islamic law. Some Muslims confuse with the function of nomination because of their lack of knowledge and assume that nomination is similar to other estate planning instruments such as hibah (inter vivos), hadiah (gift) and wasiyyah (bequest).There is also a possibility that the contributor appoint the unqualified nominees who is dishonest and unjust.…”

Section: The Importance Of Nomination In Estate Managementmentioning

confidence: 99%

“…The hukm and method of faraid distribution are indicated clearly in Al-Quran and As-Sunnah. However the way to administer inheritance estate is not clearly defined (Hassan & Abdul Rashid, 2019;Nasrul & Mohd Salim, 2018). Nevertheless, the distribution of inheritance estate through faraid method is compulsory for Muslims as stipulated in Surah An-Nisa', verse 11 which means:…”

Section: Introductionmentioning

confidence: 99%

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