Ibrahim Bin Kamarudin {Wakil Diri Kepada Simati, Kamarudin Bin Abd Talib, No. K/p: 350401-10-5023]] AZLAN BIN AMINUDDIN

Ibrahim Bin Kamarudin {Wakil Diri Kepada Simati, Kamarudin Bin Abd Talib, No. K/p: 350401-10-5023]] AZLAN BIN AMINUDDIN

Court found the Hulu Langat land was purchased with proceeds of the deceased father's sale and the defendant failed to prove a gift; equity imposes a constructive trust over the land in favour of the plaintiff, the presumption of gift was rebutted, and the claim is not barred by limitation under s22(1)(b).

Citation
BA-22NCvC-129-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff (administrator of Estate of Kamarudin Bin Abd Talib): Ibrahim bin Kamarudin; Defendant: Azlan bin Aminuddin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2025
Case Number
BA-22NCvC-129-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil (trusts and Land) / Judgment (trial)
Outcome
Plaintiff's claims in paragraphs 51(a)–(d) allowed; defendant's counterclaim dismissed; costs awarded to plaintiff
Legal Topics
Constructive Trust, Presumption of Gift, Land Registration and Indefeasibility, Rebuttal of Presumption, Limitation (statute of Limitations)
Source Language
Malay/English
Trusts Property/land Equity Succession Limitation of Actions Constructive Trust Presumption of Gift Land Registration and Indefeasibility +2 more

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Parties

Ibrahim bin Kamarudin

Plaintiff (administrator of Estate of Kamarudin Bin Abd Talib)

Azlan bin Aminuddin

Defendant

Procedural Posture

Civil (trusts and Land) / Judgment (trial)

Legal Issues

  1. 1 Whether the defendant holds the Hulu Langat land as a trustee for the deceased owner
  2. 2 Whether the land was purchased with funds belonging to the deceased (sale proceeds of Kampung Kerinchi)
  3. 3 Whether the presumption of gift rebuts a constructive trust and whether that rebuts indefeasibility under s340(1) National Land Code

Ratio Decidendi

Court found the Hulu Langat land was purchased with proceeds of the deceased father's sale and the defendant failed to prove a gift; equity imposes a constructive trust over the land in favour of the plaintiff, the presumption of gift was rebutted, and the claim is not barred by limitation under s22(1)(b).

Court Disposition

Plaintiff's claims in paragraphs 51(a)–(d) allowed; defendant's counterclaim dismissed; costs awarded to plaintiff

Orders

  • Declaration that defendant holds land GM 531 Lot 652 Mukim Hulu Langat as trustee for the plaintiff
  • Declaration that plaintiff is beneficial owner of the land from 21.01.2015 to date