CONSENT JUDGMENT ORDER IN SYARIAH COURT
Mahmud is the heir of the deceased (Azman). A matrimonial property claim has been made in the Syariah High Court against the deceased’s estate. A consent judgment order has been ordered regarding all of the deceased’s marital property.
Among the agreed terms is regarding the distribution of property to the heirs. The land office also needs to transfer the title and register the distribution to the heirs according to the terms of the consent judgment.
APPLICATION FOR LETTERS OF ADMINISTRATION
At the same time, the heirs of the deceased also applied for letters of administration in the Civil High Court. Mahmud then was appointed as administrator, together with Alif.
In the terms of the letters of administration application, it is stated that the Land Office must register the title to the rightful heirs of the deceased based on the consent judgment from the Syariah High Court.
THE DEFENDANTS REFUSED TO REGISTER AND TRANSFER TITLE OF THE INHERITANCE.
The land office informed that they could not make the registration and asked the administrators to make an application for vesting order first in the Civil High Court.
Mahmud and Alif then made a claim against the Land Office and other government agencies (Defendants) because of their refusal to register the title of the heirs. The defendants applied for this case be dismissed.
IS THE CONSENT JUDGMENT OF THE SYARIAH HIGH COURT SUFFICIENT?
The court stated that the Syariah High Court’s consent judgment between the heirs for the distribution of property should be used as the basis for a vesting order application in the Civil High Court.
After the vesting order is issued, only then the administrators submit to the Land Office to register the title to the rightful heirs.
THE HEIRS FAILED THEIR CLAIM? WHY?
The actions of the administrators, namely Mahmud and Alif, who used the consent judgment from the Syariah High Court to order the Land Office to register the names of the heirs after receiving the letters of administration order, is contrary to the law provisions.
The court finally decided that Mahmud and Alif had failed to show a reasonable cause of action in their claim against the Defendants (Land Office and others) and had abused the court process.
WHAT SHOULD BE DONE AFTER OBTAINING LETTERS OF ADMINISTRATION?
Mahmud and Alif should have applied for vesting order first in the Civil High Court. After obtaining the, the Land Office shall register the land title to the rightful heirs according to the consent judgment.
The application for letters of administration is to appoint administrator only and this does not include the vesting order.
So, there are 2 applications that need to be made. Both are different applications.
DO YOU WANT TO APPLY LETTERS OF ADMINISTRATION FOR INHERITANCE?
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