LAILI BINTI ABDULLAH 1. ) FARIS RAZALI BIN ABDULLAH 2. ) NURUL AIN BINTI ABDUL HALIM 3. ) Pentadbir Tanah Daerah Kuala Langat

LAILI BINTI ABDULLAH 1. ) FARIS RAZALI BIN ABDULLAH 2. ) NURUL AIN BINTI ABDUL HALIM 3. ) Pentadbir Tanah Daerah Kuala Langat

The High Court found the Form 14A transfer was properly executed, supported by documentary evidence and registered in accordance with the National Land Code; Plaintiff failed to discharge the burden to show the instrument was insufficient or void under s340(2)(b); the land administrator acted within statutory duties and is protected; accordingly the originating summons was dismissed and the registered title in Defendant 2 was upheld with costs to defendants.

Citation
BA-24NCvC-1438-08/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Laili binti Abdullah; Defendant 1: Faris Razali bin Abdullah; Defendant 2: Nurul Ain binti Abdul Halim; Defendant 3: Pentadbir Tanah Kuala Langat
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 November 2023
Case Number
BA-24NCvC-1438-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil – Land/title Dispute (challenge to Transfer Recorded Under Form 14 A; Relief Under Specific Relief Act and Nlc) / High Court Judgment Dismissing Originating Summons; Appeal Lodged to Court of Appeal
Outcome
Originating summons dismissed.
Legal Topics
Indefeasibility of Title, Transfer by Love and Affection (form 14 A), Section 340(2)(b) National Land Code, Specific Relief Act S41, Registrar Duties and Protection, Locus Standi, Effect of Bankruptcy on Title
Source Language
Malay/English
Property Law Land Law Civil Procedure Equity Administrative Law Indefeasibility of Title Transfer by Love and Affection (form 14 A) Section 340(2)(b) National Land Code +4 more

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Parties

Laili binti Abdullah

Plaintiff

Faris Razali bin Abdullah

Defendant 1

Nurul Ain binti Abdul Halim

Defendant 2

Pentadbir Tanah Kuala Langat

Defendant 3

Procedural Posture

Civil – Land/title Dispute (challenge to Transfer Recorded Under Form 14 A; Relief Under Specific Relief Act and Nlc) / High Court Judgment Dismissing Originating Summons; Appeal Lodged to Court of Appeal

Legal Issues

  1. 1 Whether the 3/56 transfer from Defendant 1 to Defendant 2 under Form 14A is void or insufficient and therefore defeasible under s340(2)(b) NLC
  2. 2 Whether the land administrator (Defendant 3) should be ordered to correct the register to remove Defendant 2 and reinstate Defendant 1
  3. 3 Whether transfers for love and affection require blood or near family relationship and who bears the burden of proof

Ratio Decidendi

The High Court found the Form 14A transfer was properly executed, supported by documentary evidence and registered in accordance with the National Land Code; Plaintiff failed to discharge the burden to show the instrument was insufficient or void under s340(2)(b); the land administrator acted within statutory duties and is protected; accordingly the originating summons was dismissed and the registered title in Defendant 2 was upheld with costs to defendants.

Court Disposition

Originating summons dismissed.

Orders

  • Originating summons dismissed.
  • Plaintiff to pay costs of RM2,000.00 to each defendant (Defendant 1, Defendant 2 and Defendant 3).