Affidavit Of Death Of Joint Tenant Template for Malaysia

When a joint tenant dies in Malaysia, you need an Affidavit of Death of Joint Tenant to formally transfer their ownership interest to the surviving joint tenants. This legal document serves as sworn testimony about the death and enables you to update property records with the relevant land registry office under Malaysian property law.

When do you need this document?

You must file this affidavit whenever a co-owner who holds property as a joint tenant passes away. This applies to residential properties, commercial real estate, and vacant land held under joint tenancy arrangements. The document is essential for removing the deceased's name from the title and establishing clear ownership for survivors. You'll need it when selling the property, refinancing, or conducting any legal transactions that require proof of current ownership. Banks, lawyers, and potential buyers will require this documentation before proceeding with property-related matters.

Key legal considerations

The affidavit must include specific information about the deceased joint tenant, including their full legal name, last known address, and exact date of death. You must provide a detailed legal description of the property, including title reference numbers and registration details from the land office. The document requires attachment of the original death certificate or certified copy, along with evidence of the joint tenancy arrangement such as the original title deed. As the surviving joint tenant making the affidavit, you're legally declaring under oath that the information provided is true and accurate, which carries serious legal consequences if false statements are made.

Legal requirements in Malaysia

Under the National Land Code 1965, this affidavit must be sworn before a Commissioner for Oaths, who will verify your identity and witness your signature. The Statutory Declarations Act 1960 governs the formal requirements, including proper formatting, language, and execution procedures. You must submit the completed affidavit to the appropriate land registry office within the prescribed timeframe, typically accompanied by the prescribed fees. The Registration of Deeds Act 1952 requires that all supporting documents be properly certified and meet specific registration standards. Evidence Act 1950 provisions apply to the admissibility of death certificates and other supporting documentation, ensuring they meet legal standards for court proceedings if disputes arise.