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Small Estates (Distribution) Act 1955 [Act 98]

Part IV

SPECIAL PROVISIONS RELATING TO SABAH

26 Application of Part

This Part shall apply only in the State of Sabah.

26A Certain native estates to be "small"

(1) The estate of any deceased person who at the time of his death was a native of Sabah shall if it consists of immovable property all of which is held under Native Title, whatever its value, and movable property, if any, not exceeding twenty thousand ringgit in value shall be deemed for the purposes of this Act to be a small estate.

(2) In the case of an estate which is deemed to be a small estate under subsection (1), Part II shall take effect subject to this Part. In the case of other small estates, Part II shall apply without modification.

26B Small estates of natives of Sabah

When a petition for distribution relates to an estate which is deemed to be small estate under subsection 26A(1), the Land Administrator shall refer the petition to the appropriate Native Court constituted under the Native Court Ordinance of Sabah [Cap. 86], unless in his opinion for any reason it should be dealt with under the Probate and Administration Act 1959 [Act 97], in which event the Land Administrator shall send the record of the case and his finding to the High Court.

26C Procedure of Native Courts in Sabah

When a petition has been referred to the Native Court, the Court shall, as far as possible, follow the procedure prescribed in this Act, and shall exercise exclusively, in lieu of the Land Administrator, the authority therein granted to the Land Administrator, and shall make a distribution order having regard to subsection 1(2) and (3) of the Wills Ordinance of Sabah [Cap. 158] and the law or custom having the force of law applicable to the deceased, and the decision of the Native Court shall be forwarded to the Land Administrator, who shall arrange for the order of that Court so far as it relates to any interest in land to be registered as may be necessary.

26D Sale of native land in Sabah

The land registered in the name of a deceased native of Sabah may be sold by order of the Native Court to pay debts of the deceased or to satisfy the claim of a beneficiary who is not a native, but the bidding in the case of a land held under Part IV of the Land Ordinance of Sabah shall be restricted to natives.


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