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Cases

TAN KAH FATT & ANOR v. TAN YING
Federal Court, Putrajaya
Abdul Rahman Sebli CJSS, Hasnah Mohammed Hashim, Mary Lim Thiam Suan FCJJ
[Civil Appeal No: 02(F)-82-10-2019(B)]
18 January 2023
[2023] 2 MLRA 525

JUDGMENT

Mary Lim Thiam Suan FCJ:

[1] My learned brother, Abdul Rahman bin Sebli, CJSS and my learned sister, Hasnah binti Mohammed Hashim, FCJ have read this judgment in draft and have agreed that this judgment forms the unanimous judgment of this Court.

[2] While there are two central issues for this Court's consideration, the real issue here concerns the right of illegitimate children to inherit under the laws of intestacy in this country. This question vexes the non-Muslim community due to the interplay of two key legislations in this respect - the Distribution Act 1958 [Act 300] and the Law Reform (Marriage & Divorce) Act 1976 [Act 164]. The claim to this right sometimes, unfortunately, strains relationships with the innocent child caught in nether land. Often, the existence of the illegitimate child is not known until one of the parents has demised, and there is no provision for such children, inter vivos. The circumstances in the present appeal are a clear illustration although the existence of the so-called 'illegitimate' child was well-known. She was and is very much part of the larger extended family.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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