HARJIT SINGH A/L UJAGAR SINGH 1. ) JAGDEV SINGH A/L UJAGAR SINGH 2. ) AMARJIT SINGH A/L UJAGAR SINGH 3. ) RASHPAL SINGH A/L UJAGAR SINGH 4. ) MANJIT KAUR A/P UJAGAR SINGH 5. ) HARREMENDAR KAUR A/P UJAGAR SINGH 6. ) SARJIT KAUR A/P HARNAM SI

HARJIT SINGH A/L UJAGAR SINGH 1. ) JAGDEV SINGH A/L UJAGAR SINGH 2. ) AMARJIT SINGH A/L UJAGAR SINGH 3. ) RASHPAL SINGH A/L UJAGAR SINGH 4. ) MANJIT KAUR A/P UJAGAR SINGH 5. ) HARREMENDAR KAUR A/P UJAGAR SINGH 6. ) SARJIT KAUR A/P HARNAM SI

The plaintiff's pleadings failed to disclose a reasonable cause of action: the Bangsar property had already been transferred to the plaintiff pre‑death and the business proceeds were not shown to form part of the estate; allegations of forgery and lack of testamentary capacity were bare, unsupported and raised decades late, amounting to an abuse of process and susceptible to laches/res judicata; accordingly the defendants' strike out application succeeded and the suit was struck out with costs.

Citation
WA-22NCvC-508-09/2023 (Mahkamah Tinggi)
Parties
PLAINTIFF: HARJIT SINGH A/L UJAGAR SINGH; DEFENDANT: JAGDEV SINGH A/L UJAGAR SINGH; DEFENDANT: AMARJIT SINGH A/L UJAGAR SINGH; DEFENDANT: RASHPAL SINGH A/L UJAGAR SINGH; DEFENDANT: MANJIT KAUR A/P UJAGAR SINGH; DEFENDANT: HARREMENDAR KAUR A/P UJAGAR SINGH; DEFENDANT: SARJIT KAUR A/P HARNAM SINGH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 March 2024
Case Number
WA-22NCvC-508-09/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Probate/inheritance Dispute / Judgment on Defendants' Striking Out Application Under Order 18 R19 Ro C; Suit Struck Out
Outcome
Defendants' application to strike out allowed; Plaintiff's suit against all defendants struck out
Legal Topics
Will Validity, Forgery, Fraud, Abuse of Process, Res Judicata, Laches, Limitation, Strike Out Application, Discovery
Source Language
Malay/English
Probate and Succession Civil Procedure Equity Family Law Will Validity Forgery Fraud Abuse of Process +5 more

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Parties

HARJIT SINGH A/L UJAGAR SINGH

PLAINTIFF

JAGDEV SINGH A/L UJAGAR SINGH

DEFENDANT

AMARJIT SINGH A/L UJAGAR SINGH

DEFENDANT

RASHPAL SINGH A/L UJAGAR SINGH

DEFENDANT

MANJIT KAUR A/P UJAGAR SINGH

DEFENDANT

HARREMENDAR KAUR A/P UJAGAR SINGH

DEFENDANT

SARJIT KAUR A/P HARNAM SINGH

DEFENDANT

Procedural Posture

Civil Suit Probate/inheritance Dispute / Judgment on Defendants' Striking Out Application Under Order 18 R19 Ro C; Suit Struck Out

Legal Issues

  1. 1 Whether the plaintiff's pleadings disclose a reasonable cause of action
  2. 2 Whether the deceased had testamentary capacity to execute the will
  3. 3 Whether signatures and notarised documents were forged

Ratio Decidendi

The plaintiff's pleadings failed to disclose a reasonable cause of action: the Bangsar property had already been transferred to the plaintiff pre‑death and the business proceeds were not shown to form part of the estate; allegations of forgery and lack of testamentary capacity were bare, unsupported and raised decades late, amounting to an abuse of process and susceptible to laches/res judicata; accordingly the defendants' strike out application succeeded and the suit was struck out with costs.

Court Disposition

Defendants' application to strike out allowed; Plaintiff's suit against all defendants struck out

Orders

  • Plaintiff's suit struck out in its entirety
  • Costs awarded to the Defendants in the sum of RM15,000 to be paid forthwith by the Plaintiff