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

Court found on balance of probabilities the PA was forged; 1st Defendant used forged PA to transfer title to Kannan; 2nd Defendant (solicitor) actively participated and was negligent or willfully blind; Kannan’s title was therefore defeasible under s.340(2)(b); 3rd Defendant failed to prove it was a purchaser in good faith for valuable consideration under proviso to s.340(3); 4th Defendant breached statutory duty in registering transfers; consequently registration in name of 3rd Defendant is set aside and plaintiff as administrator is declared proprietor.

Citation
BA-22NCvC-114-03/2020 (Mahkamah Tinggi)
Parties
Plaintiff (administrator of Estate of Madhu A/l K.v Dharan): Sunitha Madhu; 1st Defendant: Palayam a/l Nagappan; 2nd Defendant: Tersaim Lall a/l Sadhu Ram (Tetuan T. Lall & Associates); 3rd Defendant: Wonderful Century Properties Sdn Bhd (formerly Precious Nest Sdn Bhd); 4th Defendant: 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 (guaman Sivill) / Judgment
Outcome
Plaintiff's claim allowed; registration in name of 3rd Defendant set aside; declarations and orders made in favour of Plaintiff as administrator.
Legal Topics
Indefeasibility of Title, Fraud, Forgery, Power of Attorney Deposit, Caveat, Statutory Duty of Land Registrar, Limitation
Source Language
Malay/English
Property Law Conveyancing Land Law Tort Civil Procedure Indefeasibility of Title Fraud Forgery +4 more

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Parties

Sunitha Madhu

Plaintiff (administrator of Estate of Madhu A/l K.v Dharan)

Palayam a/l Nagappan

1st Defendant

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

2nd Defendant

Wonderful Century Properties Sdn Bhd (formerly Precious Nest Sdn Bhd)

3rd Defendant

Pentadbir Tanah, Pejabat Tanah & Daerah Petaling

4th Defendant

Procedural Posture

Civil (guaman Sivill) / Judgment

Legal Issues

  1. 1 Whether the Power of Attorney (PA) was forged and liability of 1st Defendant
  2. 2 Whether 2nd Defendant (solicitor) was party to fraud and negligent
  3. 3 Whether Kannan’s title was defeasible under s.340(2) of the National Land Code

Ratio Decidendi

Court found on balance of probabilities the PA was forged; 1st Defendant used forged PA to transfer title to Kannan; 2nd Defendant (solicitor) actively participated and was negligent or willfully blind; Kannan’s title was therefore defeasible under s.340(2)(b); 3rd Defendant failed to prove it was a purchaser in good faith for valuable consideration under proviso to s.340(3); 4th Defendant breached statutory duty in registering transfers; consequently registration in name of 3rd Defendant is set aside and plaintiff as administrator is declared proprietor.

Court Disposition

Plaintiff's claim allowed; registration in name of 3rd Defendant set aside; declarations and orders made in favour of Plaintiff as administrator.

Orders

  • Declaration that Plaintiff as administrator of the estate of Madhu a/l K.V Dharan is the 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 the 3rd Defendant is null and void