Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
As one of the administrative bodies, Amanah Raya Berhad (ARB) possesses jurisdiction in administering the deceased’s movable estate through the issuance of letters of declaration and direction respectively. Applying for such document requires the applicant to attach the fara’id certificate as pa...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English English |
| Published: |
IIUM Press
2017
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/59182/ http://irep.iium.edu.my/59182/ http://irep.iium.edu.my/59182/1/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_article.pdf http://irep.iium.edu.my/59182/8/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_WOS.pdf |
| Summary: | As one of the administrative bodies, Amanah Raya Berhad (ARB)
possesses jurisdiction in administering the deceased’s movable
estate through the issuance of letters of declaration and direction
respectively. Applying for such document requires the applicant to
attach the fara’id certificate as part of the application. The problem,
however, is the superfluity of the fara’id certificate in estate cases
involving the transfer of ownership of the deceased’s vehicle. This
is due to the rule set by the Road Transport Department (RTD)
which allows for only a single name to be registered as the new
owner, and thus renders the fara’id certificate inoperable. Since the
ARB still requires the fara’id certificate in cases involving the
administration of vehicles, this requirement is burdensome to the
beneficiaries as they have to incur additional costs, as well as spend
time and effort to obtain the certificate. This article addresses the
problem in relation to estate administration by ARB involving
vehicles under Section 17 of the Public Trust Corporation Act 1995
and analyses the implication of such rule towards estate
administration. It is based primarily on the analysis of written
sources, namely, textbooks, statutes, by laws and journals. The
findings from this article show that there is a need to improve the
policy of the ARB and the RTD in providing a more efficient means
to the public in the administration of the estate of a Muslims. |
|---|