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Malaysian law only. Federal and state law, and Syariah law as applied in Malaysia — General information, not legal advice.

Document checklists

Senarai semak dokumen

What to prepare for divorce, probate, small estates and tenancy.

Divorce — non-Muslim (civil)

Perceraian — bukan Islam

Marriage certificate
MyKad (or passport) of both spouses
Birth certificates of the children
Proof that two years have passed since the marriage — or the court's leave to petition earlier (s 50)
Joint petition (s 52): both spouses' signed agreement, including arrangements for the children, maintenance and property
Single petition (s 53): the marriage tribunal's certificate of reference (s 106), unless an exception applies
List of matrimonial assets and debts, with documents (titles, bank and EPF statements, loans)
Evidence of income of both spouses (for maintenance)

Based on: Law Reform (Marriage and Divorce) Act 1976 (ss 50, 52, 53, 106). Read the guide → Ticks are remembered on this device only.

Divorce — Muslim (Syariah court)

Perceraian — Islam

Marriage certificate (surat perakuan nikah)
MyKad of both spouses
Children's birth certificates
Application stating the details of the marriage, the children, and the reasons for divorce (s 47(1))
Proposed arrangements for maintenance (nafkah), custody (hadhanah) and harta sepencarian (s 47(1))
If the talaq was pronounced outside court: details of when and where, to report to the court (within 7 days)
Documents of property acquired during the marriage, for any harta sepencarian claim

Based on: Islamic Family Law (Federal Territories) Act 1984, s 47(1) (state enactments similar). Read the guide → Ticks are remembered on this device only.

Small estate (pusaka kecil) — petition

Petisyen harta pusaka kecil

Death certificate
MyKad of the deceased and of every heir
Documents of title of land (geran, or copies) and any other proof of land ownership
Bank, EPF and ASNB statements, and other proof of movable assets
Marriage and birth certificates showing the relationship of each heir
Muslim estates: faraid certificate (sijil faraid) from the Syariah court, if required
Details of debts, and any wasiat, hibah or harta sepencarian claim
Letters of consent from heirs who cannot attend the hearing (prescribed form)

Based on: Small Estates (Distribution) Act 1955, s 8; JKPTG. Read the guide → Ticks are remembered on this device only.

Probate or letters of administration (High Court)

Probet atau surat kuasa mentadbir

Death certificate
Original will (for probate) — the executor named in it applies (s 3)
MyKad of the applicant(s) and the beneficiaries
Full list of assets and debts with values (land, shares, bank, EPF, vehicles)
No will: the people entitled to the estate who will apply (s 30); not more than four administrators (s 4(1))
Minor beneficiary or life interest: a trust corporation or at least two individuals (s 4(2))
Administration bond with sureties, unless the court orders otherwise (s 35)
Renunciation by any executor who will not act (s 8)

Based on: Probate and Administration Act 1959 (ss 3, 4, 8, 30, 35, 39). Read the guide → Ticks are remembered on this device only.

Before you sign a tenancy agreement

Sebelum menandatangani perjanjian sewa

Check the landlord is the owner (or authorised) — ask for the title or assessment bill
Rent, due date and how it is paid
Deposits: amounts, when and how they are refunded, allowed deductions (no legal cap)
Length of the tenancy, renewal and early-termination terms
Who pays for repairs, utilities and maintenance charges
An inventory and dated photos of the condition on moving in
Stamp the agreement with LHDN within 30 days (e-Duti Setem on MyTax); the tenant pays duty on the original
Remember: the landlord cannot lock you out — possession must be recovered through the court (Specific Relief Act 1950, s 7(2))

Based on: Contracts Act 1950; Specific Relief Act 1950 s 7(2); Stamp Act 1949, First Schedule item 49(a). Read the guide → Ticks are remembered on this device only.

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General information, not legal advice. If a deadline or your rights matter, speak to a lawyer, the Legal Aid Department or the relevant court or tribunal.

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