An Affidavit of Death of Joint Tenant is required in Malaysia when a property owner who holds title as a joint tenant passes away. This document, governed by Malaysian property law including the National Land Code 1965, serves as official evidence of the death and facilitates the transfer of the deceased's interest to the surviving joint tenant(s) through the right of survivorship. The affidavit must be sworn before a Commissioner for Oaths and typically includes the death certificate, property documentation, and detailed information about both the deceased and surviving tenants. It is a crucial document for updating property records with the land registry and establishing clear title for the surviving owner(s).
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1. Title and Venue: Specifies the document type and jurisdiction where the affidavit is being made
2. Affiant Identification: Full legal name, address, and relationship to the deceased joint tenant
3. Deceased Joint Tenant Information: Full legal name, last known address, and date of death of the deceased joint tenant
4. Property Description: Legal description of the property held in joint tenancy, including title details and registration information
5. Joint Tenancy Declaration: Statement establishing the existence of joint tenancy and right of survivorship
6. Death Verification: Declaration confirming the death of the joint tenant and reference to death certificate
7. Survivorship Claim: Statement claiming sole ownership through right of survivorship
8. Supporting Documents Reference: List of attached documents supporting the claims made in the affidavit
9. Oath and Signature: Formal declaration of truth and signature block for affiant and commissioner for oaths
1. Additional Joint Tenants: Required when there are multiple surviving joint tenants, listing all other surviving tenants
2. Multiple Properties: Used when the deceased and affiant held multiple properties in joint tenancy
3. Foreign Death: Required when death occurred outside Malaysia, including additional authentication of foreign documents
4. Translator's Declaration: Needed when any supporting documents are not in Bahasa Malaysia or English
5. Prior Name Declaration: Required when the deceased or property documents show different variations of names
1. Schedule A - Property Details: Detailed legal description of all properties held in joint tenancy
2. Schedule B - Death Certificate: Certified copy of the death certificate
3. Schedule C - Title Documents: Copies of relevant title documents showing joint tenancy
4. Schedule D - Identity Documents: Copies of identity documents of the deceased and affiant
5. Appendix 1 - Supporting Affidavits: Any additional affidavits from witnesses or other relevant parties
6. Appendix 2 - Translation Certificates: Certified translations of any foreign language documents
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