Non-Muslim Inheritance Law
Distribution of the property of a deceased (non-Muslim)
A person’s property after his death is known as his estate in each religion of the world. However when a person dies without a will, we can say he dies intestate. I would like to provide the details for the distribution of property in case of a non-Muslim in West Malaysia which is given below as:
When a person dies without making a will, does all his property go to the government?
It’s not a reality that a person’s property after his or her death without making a will, go to the government. Incase of dieing a nun
Muslim without making a will, his total property will be distributed among his family members under the Distribution act of 1958.
How is the estate of the deceased person distributed?
Normally, according to the law property of a deceased person will be distributed to his close family members like his wife, parents etc.
You can find the details for the distribution of deceased’s property by having a look on table given below as:
| 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 |
What if a person dies leaving no parents, spouse and issue?
In this case his property will be assigned to his other relatives in order to the following priority.
(a) his or her brother and sisters
(b) his or her grandparents
(c) his or her uncles and aunts
(d) his or her great grandparents
(e) his or her great granduncle and grandaunts
This shows that in case of a non Muslim person’s death having no parents, spouse and issues his property will be assigned to his brothers and sisters by equally sharing. If a person dies without leaving any family member then his all property will go to the government.