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Bankrap dan Faraid

322 Views  ⚫  Asked 1 Year Ago
asked on Oct 24, 2020 at 15:00
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edited on May 23, 2021 at 21:49
 
Bapa saya telah meninggal dan mempunyai geran tanah yang belum dipindah nama. Bolehkah tanah tersebut dipindah sepenuhnya keatas nama ibu saya melalui faraid? Jika dimasukkan nama saya mungkin Jabatan Insolvensi akan rampas kerana saya sudah bankrap.
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7 Answers

answered on Oct 24, 2020 at 17:42
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edited May 24, 2021 at 04:19
 
@Halimdeen

(Part 1)

What I'm about to write is just sharing of knowledge of what I know personally. This is not a discussion, nor advice as I'm a non-Muslim who does not have the liberty to talk on Islamic Laws. I pen my knowledge based on civil laws.

For Non-Muslims, it is under Civil Laws (LAWS OF MALAYSIA: Act 39 INHERITANCE (FAMILY PROVISION) ACT 1971 (Incorporating all amendments up to 1 January 2006).

For Muslims, it is under the Al-Faraid (Islamic Distribution laws).

It would be advisable for you to seek the advice of a competent Shariah Law Lawyer.

May I know if your father have left a WILL on his estate? Estimated market value of the land property? How many more brothers and sisters you may have? Were they named beneficiaries too?

In Part 2, I shall give suggestions on how to deal with Jabatan Insolvensi Malaysia for new bankrupts.

To be continued...

(Caveat: The above comment is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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answered on Oct 24, 2020 at 17:59
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edited May 24, 2021 at 04:20
 
@jeff005

Geran tanah itu adalah tanah pusaka. Tiada wasiat dari bapa saya. Saya anak tunggal tiada adik, kakak atau abang. Cuma saya dan ibu saya saja. Tanah ada 3 nama. Bapa saya dan 2 abang bapa saya. Bapa saya dah meninggal dan bahagian bapa saya belum ditukar nama kepada waris. Value lebih kurang RM250k.

Bila perlu saya laporkan diri ke Jabatan Insolvensi? Adakah perlu tunggu surat dari Jabatan Insolvensi?
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answered on Oct 24, 2020 at 23:51
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edited May 24, 2021 at 04:48
 
@Halimdeen

(Part 2)

Reporting in to Jabatan Insolvensi after being adjudged a bankrupt is by the operation of bankruptcy law. Please do not heed the postings of those people who say and have posted in this website, the following:
"If no money, no need to report in to Jabatan Insolvensi."
"Jabatan Insolvensi deso not have the resources to track down those who do not report in."
"A bankrupt can have 1 house and 1 car."
"A bankrupt can own a car below RM5,000."
(Bankruptcy laws do not support such misleading fake legal news, advice and posts)

The High Court will notify Jabatan Insolvensi who will in turn notify Bank Negara Malaysia and Malaysia Immigration.

Jabatan Insolvensi will assign a "Pegawai Insolvensi" (O.A.) to attend to your case file. The officer will write to you based on the address you have given in your last hearing. An appointment will be set up for you to attend the meeting. It may take 3-6 weeks for the letters to arrive. Going there on your own is wasting your own time. You can be forcefully evacuated (maybe for Covid-19) if you are in Selangor and Klang Valley. The government offices are under Conditional Movement Control Order (CMCO) (including courts) now and I expect that the CMCO will be extended.maybe for another 1 month. So, no worries and no hurry.

At Jabatan Insolvensi, you have to sign some/many forms known as the SOA (Statement Of Affairs) whereby you have to declare ALL your Assets and Liabilities. Legally and technically speaking, if you do not have any assets in hands at time of bankrupted, so you just put "NIL" there. 

The names in the grant have 3 named owners. There is no transfer as yet, so do not transfer now. To safeguard your 1/6 share, your mother can assign her share via a WILL or TRUST to your name. 

The Jabatan Insolvensi case Management is only for 3 years, why not ride the 3 years and hoping to have contributed 50% of the total Proof of Debts and apply for a Discharge of Bankruptcy down the road.
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answered on Oct 25, 2020 at 00:15
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edited May 24, 2021 at 04:51
 
I only have 20 years old Proton Wira 1.6 car and 23 years old Honda Cub under my name. Can I keep both?
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answered on Oct 25, 2020 at 00:25
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edited May 24, 2021 at 05:13
 
@Halimdeen

It is in your name right? Then declare it..!! Let the Official Assignee decide. Seek permission to use it for work so that you can earn moneys to pay for the monthly contributions towards your estate in Jabatan Insolvensi.

Say that the capchai is for work and the old junk is to fetch your aged mother for marketing.

Jabatan Insolvensi officers are actually nice people. They do not push people to jump down tall buildings. Read here: https://www.lawyerment.com/answers/questions/12956/harta-dan-aset-apakah-yang-akan-dibekukan-setelah-seseorang-itu-jatuh-bankrap?g=3
I have advised @Remy to declare the truth and seek permission from Official Assignee, which he has followed and done with, and he is given the permission to have his name remained in the car grant without taking it away for any lelong.

You may also be interested in the how to fill the "Income & Expenditure" half yearly statement:

You may also declare that you contribute monthly parental support to your beloved mom.

https://www.lawyerment.com/answers/questions/10135/bankruptcy-act-1967-section-38-1-b
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answered on Oct 25, 2020 at 00:59
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edited May 24, 2021 at 05:14
 
If I'm self-employed and don't have any payslip, how to prove my income? Currently I'm working as a freelance runner I only take cash for my payment.
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answered on Oct 25, 2020 at 01:04
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edited May 24, 2021 at 05:15
 
Window dress your income with curtains... just declare your job scope... prove it with your EPF and SOCSO statement with no contributions!

Tired.. sleepy.. talk tomorrow.. Goodnight!
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