MOHAMED SHAFIE BIN PAKIRI MAMMAL (Sebagai Pentadbir Harta Pusaka Shaharom Banun Binti Che Mat Din, SiMati) MOHD ISMAIL BIN CHE MAT DIN

MOHAMED SHAFIE BIN PAKIRI MAMMAL (Sebagai Pentadbir Harta Pusaka Shaharom Banun Binti Che Mat Din, SiMati) MOHD ISMAIL BIN CHE MAT DIN

On the balance of probabilities the court found the deceased paid RM180,000 toward the purchase of a half share, the handwritten letter of 1-5-2008 (Exhibit D6) and corroborating witness evidence established the deceased's contribution and intention to acquire half the property; the defendant failed to prove the sum...

Source-derived case information.

Citation
BA-22NCvC-42-01/2022 (Mahkamah Tinggi)
Parties
Plaintiff: MOHAMED SHAFIE BIN PAKIRI MAMMAL (Pentadbir Harta Pusaka SHAHAROM BANUN BINTI CHE MAT DIN); Defendant: MOHD ISMAIL BIN CHE MAT DIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 December 2022
Case Number
BA-22NCvC-42-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Proprietary Dispute Over Land/estate / Judgment After Full Trial (defendant Appealed)
Outcome
Plaintiff's claim allowed on balance of probabilities; declarations of beneficial ownership and trust made; costs awarded to plaintiff
Legal Topics
Resulting Trust, Constructive Trust, Beneficial Ownership, Torrens System Indefeasibility (s.340 Nlc), Burden of Proof (evidence Act 1950), Sham Documents
Trusts and Equity Land/property Law Probate/administration Evidence Resulting Trust Constructive Trust Beneficial Ownership Torrens System Indefeasibility (s.340 Nlc) +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

MOHAMED SHAFIE BIN PAKIRI MAMMAL (Pentadbir Harta Pusaka SHAHAROM BANUN BINTI CHE MAT DIN)

Plaintiff

MOHD ISMAIL BIN CHE MAT DIN

Defendant

Procedural Posture

Civil Proprietary Dispute Over Land/estate / Judgment After Full Trial (defendant Appealed)

  1. 1 Whether RM180,000 paid by the deceased was payment for a 1/2 share or a personal loan to the defendant
  2. 2 Whether rental proceeds were received by the deceased and their legal effect
  3. 3 Whether rental proceeds were repayment of an alleged loan

Ratio Decidendi

On the balance of probabilities the court found the deceased paid RM180,000 toward the purchase of a half share, the handwritten letter of 1-5-2008 (Exhibit D6) and corroborating witness evidence established the deceased's contribution and intention to acquire half the property; the defendant failed to prove the sum was a personal loan or to rebut the presumption of resulting trust; rental proceeds paid to the deceased evidenced beneficial enjoyment; accordingly defendant holds 1/2 share on resulting trust for the deceased and plaintiff (as administrator) is entitled to declarations and transfer, with costs awarded to plaintiff.

Court Disposition

Plaintiff's claim allowed on balance of probabilities; declarations of beneficial ownership and trust made; costs awarded to plaintiff

Orders

  • Declare that there existed an agreement and full payment by the deceased for 1/2 share of the shoplot described (HS(D) 33349, P.T. 46572, Mukim Dengkil, Daerah Sepang)
  • Declare that the deceased SHAHAROM BANUN BINTI CHE MAT DIN was beneficial owner of 1/2 share of the said property