Sunitha Madhu [Membawa Tindakan Ini Sebagai Pentadbir Sah Harta Pusaka Simati (Madhu A/l K.v. Dharan (No. K/p: 550403-10-6085)] 1. ) PALAYAM A/L NAGAPPAN 2. ) Tersaim Lall A/l Sadhu Ram [Yang Beramal Sebagai Peguambela Dan Peguamcara Di Tet

Sunitha Madhu [Membawa Tindakan Ini Sebagai Pentadbir Sah Harta Pusaka Simati (Madhu A/l K.v. Dharan (No. K/p: 550403-10-6085)] 1. ) PALAYAM A/L NAGAPPAN 2. ) Tersaim Lall A/l Sadhu Ram [Yang Beramal Sebagai Peguambela Dan Peguamcara Di Tet

On the balance of probabilities the court found the Power of Attorney was forged and D1 complicit; D2 was involved and at least negligent (and facilitated fraud); Kannan's title was defeasible because registration was obtained by means of a forged instrument; D3 failed to prove it purchased in good faith for valuable consideration and so is not protected by proviso to s.340(3); D4 breached statutory and common law duties in registering transfers and handling caveat matters; Plaintiff's claim was timely (fraud discovered 2015). Therefore the court set aside the registration in D3 and ordered restoration of title to the Plaintiff as administrator and awarded specified costs.

Citation
BA-22NCvC-114-03/2020 (Mahkamah Tinggi)
Parties
Plaintiff (administrator of Estate of Madhu A/l KV Dharan): Sunitha Madhu; Defendant First: Palayam a/l Nagappan; Defendant Second: Tersaim Lall a/l Sadhu Ram (Tetuan T. Lall & Associates); Defendant Third: Wonderful Century Properties Sdn Bhd; Defendant Fourth: Pentadbir Tanah, Pejabat Tanah & Daerah Petaling
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 December 2024
Case Number
BA-22NCvC-114-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (recovery of Land; Challenge to Registered Title; Damages) / Judgment (trial)
Outcome
Plaintiff's claim allowed; registration in name of 3rd Defendant set aside; Plaintiff to be registered as proprietor; costs awarded against 2nd, 3rd and 4th Defendants as specified.
Legal Topics
Indefeasibility of Title (s.340 Nlc), Power of Attorney Validity and Deposition, Forgery and Signature Comparison, Caveat and Removal Procedure, Limitation (discoverability of Fraud), Duty of Land Registry
Source Language
Malay/English
Land Law Conveyancing Fraud Professional Negligence Administrative Law Indefeasibility of Title (s.340 Nlc) Power of Attorney Validity and Deposition Forgery and Signature Comparison +3 more

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Parties

Sunitha Madhu

Plaintiff (administrator of Estate of Madhu A/l KV Dharan)

Palayam a/l Nagappan

Defendant First

Tersaim Lall a/l Sadhu Ram (Tetuan T. Lall & Associates)

Defendant Second

Wonderful Century Properties Sdn Bhd

Defendant Third

Pentadbir Tanah, Pejabat Tanah & Daerah Petaling

Defendant Fourth

Procedural Posture

Civil (recovery of Land; Challenge to Registered Title; Damages) / Judgment (trial)

Legal Issues

  1. 1 Whether the Power of Attorney was forged and D1 complicit
  2. 2 Whether D2 (solicitor) was party to fraud and/or negligent
  3. 3 Whether Kannan's registered title was defeasible under s.340(2) NLC

Ratio Decidendi

On the balance of probabilities the court found the Power of Attorney was forged and D1 complicit; D2 was involved and at least negligent (and facilitated fraud); Kannan's title was defeasible because registration was obtained by means of a forged instrument; D3 failed to prove it purchased in good faith for valuable consideration and so is not protected by proviso to s.340(3); D4 breached statutory and common law duties in registering transfers and handling caveat matters; Plaintiff's claim was timely (fraud discovered 2015). Therefore the court set aside the registration in D3 and ordered restoration of title to the Plaintiff as administrator and awarded specified costs.

Court Disposition

Plaintiff's claim allowed; registration in name of 3rd Defendant set aside; Plaintiff to be registered as proprietor; costs awarded against 2nd, 3rd and 4th Defendants as specified.

Orders

  • Declaration that Plaintiff as administrator of estate of Madhu a/l K.V Dharan is proprietor of PM 1834, Lot 7501, Tempat Bukit Cherakah, Mukim Bukit Raja, Daerah Petaling, Selangor Darul Ehsan
  • Declaration that title PM 1834, Lot 7501 issued to 3rd Defendant is null and void