Published on: Monday, July 31, 2006 |
Kota Kinabalu: Children born out of mixed marriages such as between Indian men and native women are almost certain to face legal impediments.
Sabah-based solicitor, G. B. B. Nandy @Gaanesh, said the main problem faced by these Indo children is relating to their status viz whether they are treated as natives or otherwise.
According to him, the Native Enactment does not contain specific provisions regarding children who have Indians as fathers and mothers as natives.
He said it is left to the discretion of the officers manning the various establishments such as native courts, district offices and land offices to decide whether these children could be accorded native status.
"And since the status of these children is not clear, they face problems in inheriting native lands from their maternal side and also in enjoying the benefits of being a Bumiputera," he said at a Malaysian Indian Congress (MIC) seminar, Sunday.
Delivering his talk on "Legal Awareness with Emphasis to Some Legal Impediments and Problems Faced/ Encountered by Indians in Sabah" Gaanesh also said only a handful of Indians and their spouses take the trouble to write a will and/or to nominate their beneficiaries for EPF and life insurance.
As a result, their next of kin face problems inheriting their property.
He said the next of kin do not know how to go about obtaining the letters of administration, which is further compounded by the fact that some of them might have problems in deciding which court to go, i.e. native court or high court.
Gaanesh said there were cases previously where Indians before coming to Sabah have nominated someone as their beneficiary when they first commenced working.
"But after coming to Sabah and after getting married, they forgot to change the nominations. As a result, their children and wives were deprived of getting the EPF after they died," he said.
Other problems affecting the Indian community in Sabah include some businessmen not maintaining proper records for income tax purposes.
Sometimes, in order to cut cost, they employ or rely on "book-keepers" who are not qualified or have the necessary experience. Because of that, he said many of the businessmen have been investigated and penalised unnecessarily.
