Afzal Nizaam Bin Mohd Firdawos [Selaku Pentadbir Harta Pusaka Mohd Firdawos Bin Shaharudin, (No. K/p: 530423-10-5647), Si Mati] Pustaka Alif Shafri Bin Shaharuddin (No. K/p: 660427-10-7709) (Si Mati) [Melalui Pentadbirnya, Herlina Binti Yaa

Afzal Nizaam Bin Mohd Firdawos [Selaku Pentadbir Harta Pusaka Mohd Firdawos Bin Shaharudin, (No. K/p: 530423-10-5647), Si Mati] Pustaka Alif Shafri Bin Shaharuddin (No. K/p: 660427-10-7709) (Si Mati) [Melalui Pentadbirnya, Herlina Binti Yaa

On the balance of probabilities the recorded family conversation established a collateral agreement and clear intention by Alif to allocate one half of the sale proceeds to his brother Mohd Firdawos; a constructive trust therefore arose in favour of the estate of Mohd Firdawos notwithstanding the earlier partition order. The handwritten note lacked sufficient authentication and was given little weight. Consequently declaratory relief recognizing Alif (and his administrator/heirs) as trustee for half the disputed land/proceeds was granted and the defendant's counterclaim to remove the caveat succeeded in part; damages to be assessed and costs awarded to plaintiff.

Citation
BA-22NCvC-117-03/2023 (Mahkamah Tinggi)
Parties
Plaintiff; Administrator of the Estate of Mohd Firdawos Bin Shaharuddin (deceased): Afzal Nizam bin Mohd Firda­wos; Defendant; Administrator of the Estate of Alif Shafri Bin Shaharuddin (deceased): Estate of Alif Shafri bin Shaharuddin (through administrator Herlina binti Yaacob)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 February 2025
Case Number
BA-22NCvC-117-03/2023 (Mahkamah Tinggi)
Procedural Posture
Civil (probate/estate and Property) / High Court Judgment at First Instance; Appeal Filed by Defendant (court of Appeal)
Outcome
Judgment for plaintiff in part: declaratory relief granted that Alif held one half of the disputed land/proceeds on trust for Mohd Firdawos; defendant's counterclaim to remove plaintiff's caveat allowed; damages to be assessed; costs awarded to plaintiff; no transfer of title to estate of Mohd Firdawos ordered.
Legal Topics
Constructive Trust, Declaratory Relief, Sale of Land, Caveat Removal, Collateral Agreement, Document Authentication, Partition Order Effect
Source Language
Malay/English
Trusts and Equity Probate and Estate Property Law Evidence Constructive Trust Declaratory Relief Sale of Land Caveat Removal +3 more

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Parties

Afzal Nizam bin Mohd Firda­wos

Plaintiff; Administrator of the Estate of Mohd Firdawos Bin Shaharuddin (deceased)

Estate of Alif Shafri bin Shaharuddin (through administrator Herlina binti Yaacob)

Defendant; Administrator of the Estate of Alif Shafri Bin Shaharuddin (deceased)

Procedural Posture

Civil (probate/estate and Property) / High Court Judgment at First Instance; Appeal Filed by Defendant (court of Appeal)

Legal Issues

  1. 1 Whether deceased Alif held one half of the disputed land on trust for his brother deceased Mohd Firdawos
  2. 2 Whether deceased Firdawos was beneficial owner of one half of the land registered in Alif's name
  3. 3 Whether one half of any sale proceeds of the land belongs to the estate of Mohd Firdawos and must be paid to plaintiff

Ratio Decidendi

On the balance of probabilities the recorded family conversation established a collateral agreement and clear intention by Alif to allocate one half of the sale proceeds to his brother Mohd Firdawos; a constructive trust therefore arose in favour of the estate of Mohd Firdawos notwithstanding the earlier partition order. The handwritten note lacked sufficient authentication and was given little weight. Consequently declaratory relief recognizing Alif (and his administrator/heirs) as trustee for half the disputed land/proceeds was granted and the defendant's counterclaim to remove the caveat succeeded in part; damages to be assessed and costs awarded to plaintiff.

Court Disposition

Judgment for plaintiff in part: declaratory relief granted that Alif held one half of the disputed land/proceeds on trust for Mohd Firdawos; defendant's counterclaim to remove plaintiff's caveat allowed; damages to be assessed; costs awarded to plaintiff; no transfer of title to estate of Mohd Firdawos ordered.

Orders

  • Declaration that Alif Shafri bin Shaharuddin (deceased) was trustee for half (1/2) of Hakmilik No. GM537 Lot 1893 (now PM3003 Lot 40474) Mukim Labu, Daerah Sepang, Selangor for and on behalf of his brother Mohd Firdawos bin Shaharuddin (deceased)
  • Declaration that the defendant as administrator of the estate of Alif and his heirs are trustees for Mohd Firdawos and his heirs for one half (1/2) of the said land