What is a Harta Sepencarian ?
Harta sepencarian is a property jointly acquired by husband and wife during the subsistence of a valid marriage. The surviving spouse is entitled to claim her portion thereof from the deceased spouse's estate before distribution in accordance with the Faraid rules.
Harta Sepencarian Services at as-Salihin
In some cases, beneficiaries may contest the ‘Harta Sepencarian Claim’ that has been made by deceased spouse. In order to avoid the unpleasant family disputes that might arise (on this issue) among the beneficiaries after the testator’s death, as-Salihin has devised a document called Jointly Acquired Asset Agreement.
Advantages of JOINTLY ACQUIRED ASSET AGREEMENT
- Both parties can decide and agree upon the quantum of distribution.
- Rights of both spouses fully protected as what is agreed in the Declaration is incontestable..
- Expedite distribution process as parties do not have to go to court to assert their claim.
- Cost saving as without the agreement parties have to go through court to prove their contribution.
- No dispute as it already records the agreement between the parties.
- Convenient and easy since all that needs to be done is for the parties to instruct as-Salihin on their agreed portion of interest in the subject property.
