We help people in solving legal issues
LANDLORD & TENANT
Landlord and Tenant disputes arise when the parties fail to comply with the terms of the agreement. For example, the Tenant fails to pay the rent or terminates the tenancy prematurely or The Landlord fails to allow the Tenant to have quiet enjoyment .of the premises. The Landlord cannot unilaterally take action of locking out the tenant for nonpayment of rent but must issue a notice to quit. Landlord may then issue a writ of distress to recover the rent or take out the writ of possession to recover the premises.
An adequately drawn tenancy will contain the essential terms and avoid costly litigation
DEBT RECOVERY
Individuals and companies may have debts on their books which needs to be recovered the legal way. The process of recovery is unique to each situation.
The process starts with checking on the debtor‘s financial ability to repay the debt. It ends with the recovery of the debt including enforcement actions like a writ of seizure and sale of the debtor’s property as a last resort bankruptcy proceedings may be considered.
A competent lawyer may be able to further advice on the correct procedure as provided by Rules of Court 2012 (Malaysia)
DIVORCE
When a marriage breaks down dealing with divorce and separation can be difficult and distressing time for everyone involved. On top of the emotional factors, other matters such as custody of the children of the family, division of property and interim maintenance may need to be considered.
Divorce laws as provided by the Law Reform (Marriage and Divorce) Act 1976 require the parties to comply with two prerequisites: bore a divorce petition can be filed (a) the parties must have been married for at least two years AND (b) the matrimonial difficulty has been referred be referred to the a conciliatory body
The court must be satisfied that the marriage has broken down irretrievably so that the parties cannot be reasonably expected to live together before granting the parties a decree of divorce.
A competent divorce lawyer can advice you on the requisites and requirements as stated in the Law Reform (Marriage and Divorce) Act 1976
PERSONAL INJURY
Personal injury covers situations where the person suffers bodily injuries caused by the negligence of another person or vehicle.
Occupiers’ liability law makes an owner of premises liable for injuries suffered by visitors by imposing a duty of care on owners of premises.
Compensation is payable by the person causing the injuries. In most cases, the owners are required by law to take an insurance policy to cover the compensation payable.
It is important to ensure that the accident is reported to the insurance companies ASAP Or the insurance company may disclaim liability.
It is also important to remember that the law imposes a period of limitation after which the claimant may not pursue his claim.
A competent and qualified lawyer may be approached for legal advice
BANKRUPTCY AND INSOLVENCY
Individual insolvency occurs when a person accumulates debt that he/she is unable to repay upon demand whereupon he/ she is themed insolvent. The lender may then take bankruptcy proceedings against the borrower.
Currently, the debt must be a minimum of RM 100,000 before bankruptcy proceedings can be commenced against the person. Once declared bankrupt, the affairs of the bankrupt are handled by the Director of Insolvency. Travel restrictions may be imposed.
A lawyer who practices insolvency law will be given more advice.
PROBATE & ESTATE ADMINISTRATION
When a person dies his/her estate lives on. If the deceased leaves a Will then distribution of the assets is handled by the executor named in the will.
In the case of the deceased who dies intestate (no will) distribution is by law.
The estate will be frozen until the Grant of Probate or Letter of Grant of Administration is extracted by the executor/ administrators of the estate of the deceased.
A small estate (comprising only one property) can be handled by the Land Office under the Small Estates Distribution Act
A larger estate may require the appointment of a lawyer to file the application in the High Court.
WILLS
If for example, I want to give my property like land or jewelry while I am still alive, I should prepare a Will setting out my intentions.
A Will contains the wishes of the deceased as to the distribution of his assets including property jewelry and other material facts.
The Executor named in the Will is tasked with carrying out the wishes of the deceased as stated in the Will.
The Will must be in writing, signed, and witnessed by two people one of whom is usually the lawyer preparing the Will.
It is important to consult a Lawyer to draft a Will to avoid the Will being declared invalid for non-compliance with the requirements.
CRIMINAL LITIGATION
Under the Malaysian criminal justice system, the police may arrest without a warrant where the offense is categorized as a seizable offense or arrestable offense.
The police must complete their investigation within 24 hours or release the person or seek a remand order from the court.
After the remand period, the accused is brought to court where the charge is read to him. He may either plead guilty or deny the charges and claim trial.
The accused may request bail at this stage. If released on bail the accused remains free until a decision is made by the court after a trial.
A competent Lawyer practicing criminal litigation may be of great assistance.
CIVIL LITIGATION
The civil ligation is the legal process by which the parties seek mainly compensation
(damages) or an order requiring the defaulting party to refrain from doing something or vice versa. (injunction)
It is the process of dispute resolution with the judge as the arbiter. The civil justice system in Malaysia is contained in many rules, regulations, and procedures to which the parties are required to comply.
The system also recognizes that litigants may delay or prolong the cases. The procedures set out in the Civil code ensure that litigants resolve their cases sooner than later
The person suing is known as the Plaintiff and the person being sued is referred to as the Defendant.
As the civil process involves a myriad of rules, drafting, and procedures, it is advisable to appoint a lawyer to handle the matter.
EMPLOYMENT LAW
The law recognizes that employees are a vulnerable group. The Employment Act 1955 (EA) sets out the minimum standards to protect the employee.
The EA applies where employees earn RM2000 or less. As of February 2020, the minimum wage is RM 1200 per month. Wages must be paid on the 7th of each month. Rest days, medical leave, rate of wages, overtime rate, hours of work, and termination notice are dealt with by the EA if not included in the contract
Employees/ Employers not covered by the EA can use the EA as a guideline when preparing a written contract of employment
As the EA is evolving piece of legislation it is important to consult the Labour Office or a lawyer who will be to advise on recent changes.
CONVEYANCING AND PROPERTY LAW
Property in this context refers to the transfer of land, residential and commercial houses and shophouses, and other real estate properties.
Conveyancing is the process of transferring the property from one party to another by use of a written document called the Memorandum of Transfer and registering the same at the Land Office.
The seller and buyer will execute a sale and purchase agreement (SPA), make searches, pay the adjudication fees and finally submit for registration.
The process starts with SPA, valuation, payment of transfer dues, and finally registration at which stage the buyer becomes the new owner.
This is one area of law where the services of a conveyancing lawyer are indispensable.
CORPORATE
A corporation is a legal entity. The corporation must conduct its business operations.
The lawyer may be involved in advising on the correct type of business organization, forming and ensuring that the legal aspects are adequately serviced.
The lawyer may also be involved in advising on mergers, joint ventures, loan syndication, and studying legal documents and instruments which have already been prepared and drafted.
