All adopted kids also enjoy the same rights
Published on: Saturday, March 28, 2015
Penampang: The Native Court here referred to the Adoption Ordinance 1960 of Sabah which stated that the status of an adopted child is the same as biological children in their decision regarding a land dispute. The views of former Keningau District Officer, a lawyer from the State Attorney General's Office, a former Putatan District Chief and a paper by prominent Kadazan lawyer Tan Sri Herman Luping on "Harta Pesaka" (inherited properties) and "Harta Pencarian" (acquired properties) were also studied as basis of their verdict passed in an open court.The dispute centred on 2.59 acres at Kg Hungab which was heard in chambers since May 2012.
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Two brothers, both adopted, had applied to inherit their late adopted father's land at the Native Court via the "Jadual 1" form and a one month's public notice process. However, an uncle challenged the application, arguing that the harta pesaka should be inherited by biological relatives and raised the issue that his late brother and wife were separated. The couple married in church but had no children of their own and no formal divorce was carried out.The adoption papers of the two brothers were properly registered. However, a written will by their adopted father was only signed by himself and not properly registered.During the first hearing in chambers, a proposal to share the land among the claimants was submitted to the court with the largest share going to the brothers but smaller lots were given to six other relatives.
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However, court records showed that another three hearings to mediate failed to get the parties to come to an agreement where an uncle kept coming up with new proposals and arguments.The Native Court led by District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Rita John unanimously decided that the original proposal was the best solution to the disputes.
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The parties were informed that they can appeal within 60 days to the District Native Court if not satisfied.After the verdict, the court allowed both parties to have their say. One of the brothers now disagreed with the verdict because the others have been given a chance, offered a fair share and yet refused and even go to the extend of making defamatory remarks and now they are not willing to share the land. In response, the uncle said every discussion has problems. Stay up-to-date by following Daily Express’s Telegram channel.
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