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issue on shared ownership of property

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asked on Aug 10, 2016 at 19:27
by   joshua23lee
My dad passed away without a will and his properties were divided between me, my sister, my mother and my grandmother (father's mother). So each one of us has 25% ownership on the house. Recently my grandmother has been asking us to remove our belongings from the house because she wants to rent it out. My mother and I do not want the house to be rented. Is there any way we can stop her from renting it out ? Any legal action possible ?

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3 Answers

answered on Aug 10, 2016 at 19:49
by   Jeff Lee
edited Aug 10, 2016 at 20:04
by   Jeff Lee
Google this

Act 39
INHERITANCE (FAMILY
PROVISION) ACT 1971

See if it shed some light to your family disputes.

Your grandma is not in good terms with your family.?
Did anyone give her any parental support allowance to tide her thru old age?

*************************************************************

How is the estate of the deceased person distributed?

Generally, the estate will be distributed among the deceased’s immediate family: his parents, his spouse, and his issue.

A person’s issue (descendants) includes his children and the descendants of his children who died before him.

The distribution among the family is shown in the following table:
If the deceased dies leaving…
Parents get…
Spouse gets…
Issue gets…
• parents only,
but no spouse and issue
whole estate
-
-
• spouse only,
but no parent and issue
-
whole estate
-
• issue only,
but no spouse and parents
-
-
whole estate
• parents and spouse,
but no issue
1/2
1/2
-
• spouse and issue,
but no parents
-
1/3
2/3
• parents and issue,
but no spouse
1/3
-
2/3
• parents, spouse and issue
1/4
1/4

1/2

Personal view
1.She can apply to court to sell the house due to her advanced age under special circumstances.

2. It is better for you all to settle this issue once and for all. If any parties to this inheritance dies intestate, more complications will come in. Look at the thousands of abandoned houses in Malaysia. This could be the results of individuals died without leaving a proper WILL.
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answered on Aug 12, 2016 at 04:56
by   joshua23lee
@jeff lee all my late father's assets have been divided and she got her share. I just want to know if we can prevent her from renting it out without our permission
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answered on Aug 12, 2016 at 13:46
by   jeff
Just do not shift out.

There is nothing she can do or rent out without everybody's consent.
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