LIM HAN MING LIM HAN PENG

LIM HAN MING LIM HAN PENG

On the balance of probabilities the evidence (admissions by Defendant, deceased's contemporaneous handwritten records and LHDN valuation) established that the deceased paid RM800,000 for Lot Kedai Perling, RM645,000 were loans to Defendant with a partial repayment of RM90,000 resetting limitation, and the deceased remained a 25% partner when Luck Shopping Centre was sold; the Titah shares were an inter vivos gift to Plaintiff; Defendant's admissions, misrepresentations and intermeddling created a real conflict making him unsuitable as co-administrator; accordingly Plaintiff granted sole Letters of Administration and Defendant ordered to account/pay sums to estate.

Citation
JA-22NCvC-186-11/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Lim Han Ming; Defendant: Lim Han Peng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2026
Case Number
JA-22NCvC-186-11/2022 (Mahkamah Tinggi)
Procedural Posture
Probate (contested) Converted to Writ Action / Judgment
Outcome
Judgment for Plaintiff; Letters of Administration granted to Plaintiff as sole administrator
Legal Topics
Letters of Administration, Resulting Trust, Indefeasibility of Title, Section 340 National Land Code, Presumption of Advancement, Limitation Act 1953 Section 6(1) and Section 26(2), Partnership Accounting, Executor De Son Tort / Intermeddling
Source Language
Malay/English
Probate Estate Administration Property Law Trusts Partnership Law Limitation Law Civil Procedure Letters of Administration +7 more

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Parties

Lim Han Ming

Plaintiff

Lim Han Peng

Defendant

Procedural Posture

Probate (contested) Converted to Writ Action / Judgment

Legal Issues

  1. 1 Whether Lot Kedai Perling (GRN 283881) forms part of the deceased's estate
  2. 2 Whether the Defendant is indebted to the estate in RM645,000 and whether limitation applies
  3. 3 Whether the Deceased's 25% partnership share in Luck Shopping Centre forms part of the estate

Ratio Decidendi

On the balance of probabilities the evidence (admissions by Defendant, deceased's contemporaneous handwritten records and LHDN valuation) established that the deceased paid RM800,000 for Lot Kedai Perling, RM645,000 were loans to Defendant with a partial repayment of RM90,000 resetting limitation, and the deceased remained a 25% partner when Luck Shopping Centre was sold; the Titah shares were an inter vivos gift to Plaintiff; Defendant's admissions, misrepresentations and intermeddling created a real conflict making him unsuitable as co-administrator; accordingly Plaintiff granted sole Letters of Administration and Defendant ordered to account/pay sums to estate.

Court Disposition

Judgment for Plaintiff; Letters of Administration granted to Plaintiff as sole administrator

Orders

  • Letters of Administration for the estate of Lim Kiang Hiong granted to Plaintiff Lim Han Ming as sole administrator
  • Defendant to pay the estate RM800000.00 (purchase price paid by the Deceased for Lot Kedai Perling) or alternatively the current market value as at date of judgment to be determined by registered valuer agreed or appointed by the Court within 30 days