FARIDAH BINTI MD. LAZIM (as the lawful holder of the Power of Attorney to AHMAD BIN ADAM) (as the lawful Administrator to the estate of ABDUL GHANI BIN MOHAMED DON (Deceased)

FARIDAH BINTI MD. LAZIM (as the lawful holder of the Power of Attorney to AHMAD BIN ADAM) (as the lawful Administrator to the estate of ABDUL GHANI BIN MOHAMED DON (Deceased)

Plaintiff possessed locus standi as holder of a valid Power of Attorney for the majority share and no evidence of actual fraud or other exception to indefeasibility was shown; the Court has power under s.145 NLC to order subdivision and to authorize persons to sign requisite subdivision documents on behalf of non-cooperating co-proprietor; accordingly the originating summons for subdivision was allowed and the application to strike out was dismissed.

Citation
JB-24NCVC-410-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff (holder of Power of Attorney for Ahmad Bin Adam): Faridah binti Md. Lazim; Defendant (administrator to the Estate of Abdul Ghani Bin Mohamed Don, Deceased): Edham bin Abd Ghani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 April 2021
Case Number
JB-24NCVC-410-11/2019 (Mahkamah Tinggi)
Procedural Posture
Subdivision/partition of Land Under National Land Code (originating Summons) / High Court Judgment (final)
Outcome
Originating Summons allowed: subdivision ordered; Enclosure 22 (application to strike out) dismissed.
Legal Topics
Subdivision/partition, Co Proprietorship Termination, Indefeasibility of Title, Power of Attorney, Locus Standi, Section 145 National Land Code
Source Language
Malay/English
Property Law Land Law Succession Law Civil Procedure Subdivision/partition Co Proprietorship Termination Indefeasibility of Title Power of Attorney +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Faridah binti Md. Lazim

Plaintiff (holder of Power of Attorney for Ahmad Bin Adam)

Edham bin Abd Ghani

Defendant (administrator to the Estate of Abdul Ghani Bin Mohamed Don, Deceased)

Procedural Posture

Subdivision/partition of Land Under National Land Code (originating Summons) / High Court Judgment (final)

Legal Issues

  1. 1 Whether the Plaintiff has locus standi to institute the application
  2. 2 Whether there are reasonable grounds to oppose the subdivision
  3. 3 Whether the Court has jurisdiction and power under s.145 NLC to order subdivision/termination of co-proprietorship

Ratio Decidendi

Plaintiff possessed locus standi as holder of a valid Power of Attorney for the majority share and no evidence of actual fraud or other exception to indefeasibility was shown; the Court has power under s.145 NLC to order subdivision and to authorize persons to sign requisite subdivision documents on behalf of non-cooperating co-proprietor; accordingly the originating summons for subdivision was allowed and the application to strike out was dismissed.

Court Disposition

Originating Summons allowed: subdivision ordered; Enclosure 22 (application to strike out) dismissed.

Orders

  • Subdivision of GRN 87189 (Lot 1439 Bandar Maharani) in accordance with proposed plan is allowed
  • Deputy Registrar and/or Senior Assistant Registrar and/or Land Administrator and/or Plaintiff and/or Plaintiff's solicitors are authorized to sign all proposed plans, application forms and other documents for and on behalf of the Defendants as necessary to complete subdivision and issuance of individual titles