1. ) THAVAMANY A/P P. VENGADASALAM 2. ) ALUMU A/P VENGADASALEM 3. ) KAMALA A/P VENGADASALAM JAYA A/P I.N. GOPAL

1. ) THAVAMANY A/P P. VENGADASALAM 2. ) ALUMU A/P VENGADASALEM 3. ) KAMALA A/P VENGADASALAM JAYA A/P I.N. GOPAL

The Court dismissed the appeal because the Plaintiffs failed to prove the requisite three certainties for a trust and there was no contemporaneous declaration or notation on Form 14A or title indicating a trust; the 1995 transfer was an absolute inter vivos gift formalised by registration, and the Plaintiffs' prolonged silence (25 years) invoked laches, barring equitable relief.

Citation
A-02(NCvC)(A)-571-04/2024 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: THAVAMANY A/P P. VENGADASALAM; Appellant/plaintiff: ALUMU A/P VENGADASALAM; Appellant/plaintiff: KAMALA A/P VENGADASALAM; Respondent/defendant: JAYA A/P I.N. GOPAL
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
19 August 2025
Case Number
A-02(NCvC)(A)-571-04/2024 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Concerning Declaration of Trust and Property Title / Court of Appeal Judgment Affirming High Court Dismissal
Outcome
Appeal dismissed; decision of the Judicial Commissioner dated 12.3.2024 affirmed
Legal Topics
Declaration of Trust, Inter Vivos Gift, Three Certainties of Trust, Laches and Acquiescence, Caveat and Revocation, Weight of Contemporaneous Documentary Evidence
Source Language
Malay/English
Trusts and Equity Property Law Land Law Succession Law Civil Procedure Declaration of Trust Inter Vivos Gift Three Certainties of Trust +3 more

Case Brief

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Parties

THAVAMANY A/P P. VENGADASALAM

Appellant/plaintiff

ALUMU A/P VENGADASALAM

Appellant/plaintiff

KAMALA A/P VENGADASALAM

Appellant/plaintiff

JAYA A/P I.N. GOPAL

Respondent/defendant

Procedural Posture

Civil Appeal Concerning Declaration of Trust and Property Title / Court of Appeal Judgment Affirming High Court Dismissal

Legal Issues

  1. 1 Whether the 1995 transfer of PN 96800; Lot 9913S; No.787 Jalan Wayang, Buntong, Ipoh was made on trust for the family or was an absolute inter vivos gift
  2. 2 Whether the Plaintiffs discharged the burden to prove the three certainties for a trust (intention, subject matter, objects)
  3. 3 Whether the Plaintiffs' prolonged inaction amounts to laches/acquiescence and bars equitable relief

Ratio Decidendi

The Court dismissed the appeal because the Plaintiffs failed to prove the requisite three certainties for a trust and there was no contemporaneous declaration or notation on Form 14A or title indicating a trust; the 1995 transfer was an absolute inter vivos gift formalised by registration, and the Plaintiffs' prolonged silence (25 years) invoked laches, barring equitable relief.

Court Disposition

Appeal dismissed; decision of the Judicial Commissioner dated 12.3.2024 affirmed

Orders

  • Appeal dismissed
  • Decision of the High Court/Judicial Commissioner dated 12 March 2024 affirmed