1. ) Maruthaveeran A/l Muruvan @ Murugan 2. ) Gunaselan A/l Suppiah 3. ) THEIVANI A/P MARUTHAMUTHU 4. ) AMANI A/P MARUTHAMUTHU 5. ) MAIAVALHANAN A/L MARUTHAMUTHU 6. ) PARAMASWARY A/P MARUTHAMUTHU PUKAZENDIRAN A/L MARUTHAMUTHU

1. ) Maruthaveeran A/l Muruvan @ Murugan 2. ) Gunaselan A/l Suppiah 3. ) THEIVANI A/P MARUTHAMUTHU 4. ) AMANI A/P MARUTHAMUTHU 5. ) MAIAVALHANAN A/L MARUTHAMUTHU 6. ) PARAMASWARY A/P MARUTHAMUTHU PUKAZENDIRAN A/L MARUTHAMUTHU

The appeal is dismissed and the High Court judgment affirmed because the appellants failed to comply with the mandatory requirement to obtain a citation under Order 72 r.7 ROC 2012, which is fatal to a probate action commenced by writ; alternatively on merits the will was valid, testamentary capacity existed and appellants failed to prove undue influence or suspicious circumstances, and costs of RM15,000 were awarded to respondent.

Citation
B-02(NCvC)(W)-1229-07/2022 (Mahkamah Rayuan)
Parties
Appellant: MARUTHAVEERAN A/L MURUVAN @ MURUGAN; Appellant: GUNASELAN A/L SUPPIAH; Appellant: THEIVANI A/P MARUTHAMUTHU; Appellant: AMANI A/P MARUTHAMUTHU; Appellant: MAIAVALHANAN A/L MARUTHAMUTHU; Appellant: PARAMASWARY A/P MARUTHAMUTHU; Respondent: PUKAZENDIRAN A/L MARUTHAMUTHU
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
30 July 2024
Case Number
B-02(NCvC)(W)-1229-07/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (probate/contentious Probate) / Court of Appeal Judgment on Appeal From High Court Dismissal
Outcome
Appeal dismissed; High Court decision affirmed
Legal Topics
Validity of Will, Undue Influence, Order 72 Rule 7 Citation, Testamentary Capacity, Revocation of Probate, Costs, Laches/estoppel
Source Language
Malay/English
Probate Law Succession Law Civil Procedure Validity of Will Undue Influence Order 72 Rule 7 Citation Testamentary Capacity Revocation of Probate +2 more

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Parties

MARUTHAVEERAN A/L MURUVAN @ MURUGAN

Appellant

GUNASELAN A/L SUPPIAH

Appellant

THEIVANI A/P MARUTHAMUTHU

Appellant

AMANI A/P MARUTHAMUTHU

Appellant

MAIAVALHANAN A/L MARUTHAMUTHU

Appellant

PARAMASWARY A/P MARUTHAMUTHU

Appellant

PUKAZENDIRAN A/L MARUTHAMUTHU

Respondent

Procedural Posture

Civil Appeal (probate/contentious Probate) / Court of Appeal Judgment on Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether failure to obtain citation under Order 72 r.7 ROC 2012 is fatal to a probate action commenced by writ
  2. 2 Whether the will dated 4.12.2005 was valid and whether appellants proved undue influence or lack of testamentary capacity

Ratio Decidendi

The appeal is dismissed and the High Court judgment affirmed because the appellants failed to comply with the mandatory requirement to obtain a citation under Order 72 r.7 ROC 2012, which is fatal to a probate action commenced by writ; alternatively on merits the will was valid, testamentary capacity existed and appellants failed to prove undue influence or suspicious circumstances, and costs of RM15,000 were awarded to respondent.

Court Disposition

Appeal dismissed; High Court decision affirmed

Orders

  • Appeal dismissed
  • High Court judgment dated 31.5.2022 affirmed