1. ) Beh Sui Loon (Pentadbir Bagi Harta Pusaka Beh Ving Suang @ Beh Lee Suan No. K/p: 340710-08-5143) 2. ) Beh Sui Lip (Pentadbir Bagi Harta Pusaka Beh Ving Suang @ Beh Lee Suan No. K/p: 340710-08-5143) 1. ) MURUGESU A/L KUPPUSAMY 2. ) BAYU

1. ) Beh Sui Loon (Pentadbir Bagi Harta Pusaka Beh Ving Suang @ Beh Lee Suan No. K/p: 340710-08-5143) 2. ) Beh Sui Lip (Pentadbir Bagi Harta Pusaka Beh Ving Suang @ Beh Lee Suan No. K/p: 340710-08-5143) 1. ) MURUGESU A/L KUPPUSAMY 2. ) BAYU

Judge accepted plaintiffs' handwriting expert and circumstantial evidence that the 2009 SPA/DOA and related documents were forgeries; D1 defaulted and failed to rebut, and the Transfer Order was obtained by fraud; D2/D3/D4 were not found negligent because they relied on their solicitor (D5), but D2 failed to prove it was a bona fide purchaser for value without notice and therefore its registered title was tainted; transfer order and registration were set aside and title restored to the deceased's estate; D5's claim dismissed as no duty to plaintiffs.

Citation
WA-22NCvC-337-06/2020 (Mahkamah Tinggi)
Parties
Plaintiff Administrator of the Estate of Beh Ving Suang @ Beh Lee Suan: BEH SUI LOON; Plaintiff Administrator of the Estate of Beh Ving Suang @ Beh Lee Suan: BEH SUI LIP; 1st Defendant: MURUGESU A/L KUPPUSAMY; 2nd Defendant Purchaser / Registered Proprietor (company): BAYU EMAS PROPERTY ASSET SDN BHD; 3rd Defendant Director of 2nd Defendant: SARITHA A/P NAGARAJOO; 4th Defendant Director of 2nd Defendant: VASDAVE SINGH A/L GURDIAL SINGH; 5th Defendant Solicitor Involved in Transfer: TETUAN R THAYALAN; 6th Defendant Land Registrar / Pendaftar Hakmilik Wilayah Persekutuan: PENDAFTAR HAKMILIKI WILAYAH PERSEKUTUAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 April 2022
Case Number
WA-22NCvC-337-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Land/title Dispute / Full Trial Judgment (post Trial; Grounds on Appeal)
Outcome
Plaintiff's claim allowed in part; transfer order and registration set aside; property restored to deceased's estate; mixed findings on negligence and solicitor liability.
Legal Topics
Forgery, Bona Fide Purchaser, Indefeasibility of Title, Solicitor Duty of Care, National Land Code S340, Adverse Inference, Injunctions
Source Language
Malay/English
Property Law Civil Procedure Evidence Tort (negligence) Forgery Bona Fide Purchaser Indefeasibility of Title Solicitor Duty of Care +3 more

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Parties

BEH SUI LOON

Plaintiff Administrator of the Estate of Beh Ving Suang @ Beh Lee Suan

BEH SUI LIP

Plaintiff Administrator of the Estate of Beh Ving Suang @ Beh Lee Suan

MURUGESU A/L KUPPUSAMY

1st Defendant

BAYU EMAS PROPERTY ASSET SDN BHD

2nd Defendant Purchaser / Registered Proprietor (company)

SARITHA A/P NAGARAJOO

3rd Defendant Director of 2nd Defendant

VASDAVE SINGH A/L GURDIAL SINGH

4th Defendant Director of 2nd Defendant

TETUAN R THAYALAN

5th Defendant Solicitor Involved in Transfer

PENDAFTAR HAKMILIKI WILAYAH PERSEKUTUAN

6th Defendant Land Registrar / Pendaftar Hakmilik Wilayah Persekutuan

Procedural Posture

Civil Suit Land/title Dispute / Full Trial Judgment (post Trial; Grounds on Appeal)

Legal Issues

  1. 1 Whether D2/D3/D4 were negligent in purchasing the Property from D1
  2. 2 Whether D5 (solicitor) owed a duty of care / was negligent in the conveyancing and transfer
  3. 3 Whether the 1st SPA and 1st DOA (2009) are forgeries

Ratio Decidendi

Judge accepted plaintiffs' handwriting expert and circumstantial evidence that the 2009 SPA/DOA and related documents were forgeries; D1 defaulted and failed to rebut, and the Transfer Order was obtained by fraud; D2/D3/D4 were not found negligent because they relied on their solicitor (D5), but D2 failed to prove it was a bona fide purchaser for value without notice and therefore its registered title was tainted; transfer order and registration were set aside and title restored to the deceased's estate; D5's claim dismissed as no duty to plaintiffs.

Court Disposition

Plaintiff's claim allowed in part; transfer order and registration set aside; property restored to deceased's estate; mixed findings on negligence and solicitor liability.

Orders

  • Order dated OS No. WA-24NCVC-102-01/2020 dated 18.02.2020 is set aside and struck off
  • Registration of transfer of the Property in the name of Bayu Emas Property Asset Sdn Bhd (2nd Defendant) is set aside and cancelled