Jayandran A/l Subramaniam (Sebagai Wasi Bagi Harta-pesaka Ramaney A/l Ramu (No. Kp: 460514-10-5107), Simati) 1. ) RAJAPRAKASH A/L RAGHAVAN 2. ) POOVARAJA A/L RAGHAVAN 3. ) VINOTHINI A/P RAGHAVAN

Jayandran A/l Subramaniam (Sebagai Wasi Bagi Harta-pesaka Ramaney A/l Ramu (No. Kp: 460514-10-5107), Simati) 1. ) RAJAPRAKASH A/L RAGHAVAN 2. ) POOVARAJA A/L RAGHAVAN 3. ) VINOTHINI A/P RAGHAVAN

On the balance of probabilities the plaintiff failed to prove the principal assertion of lawful beneficial ownership entitling him to the reliefs claimed; the evidence (including conduct and title transfers) established that Ramaney held half shares in the disputed lots in trust for the deceased's children as per the Deeds of Trust and defendants' counterclaim for declarations/registration was allowed (claims for damages were rejected). The court ordered relevant land registration authorities to give effect to the declarations within 30 days and made costs orders accordingly.

Citation
BA-22NCvC-508-12/2022 (Mahkamah Tinggi)
Parties
Plaintiff (wasi Bagi Harta Pesaka Ramaney A/l Ramu): Jayandran A/L Subramaniam; Defendant: Rajaprakash A/L Raghavan; Defendant: Poovaraja A/L Raghavan; Defendant: Vinothini A/P Raghavan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 March 2024
Case Number
BA-22NCvC-508-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil (trust/property/probate) / Judgment After Full Trial (trial Judgment)
Outcome
Plaintiff's claim dismissed. Defendants' counterclaim allowed in part (declaratory and registration reliefs granted); damages claims dismissed.
Legal Topics
Deed of Trust, Beneficial Ownership, Declaration of Title, Partition, Registration of Land, Burden of Proof, Counterclaim
Source Language
Malay/English
Trusts Property Law Succession/probate Civil Procedure Evidence Law Deed of Trust Beneficial Ownership Declaration of Title +4 more

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Parties

Jayandran A/L Subramaniam

Plaintiff (wasi Bagi Harta Pesaka Ramaney A/l Ramu)

Rajaprakash A/L Raghavan

Defendant

Poovaraja A/L Raghavan

Defendant

Vinothini A/P Raghavan

Defendant

Procedural Posture

Civil (trust/property/probate) / Judgment After Full Trial (trial Judgment)

Legal Issues

  1. 1 Whether the three original lots were co-purchased/shared between the deceased Raghavan and Ramaney
  2. 2 Whether Ramaney held beneficial ownership (1/2 shares) or held as trustee for the defendants
  3. 3 Validity and effect of the Deeds of Trust dated 3-11-1999

Ratio Decidendi

On the balance of probabilities the plaintiff failed to prove the principal assertion of lawful beneficial ownership entitling him to the reliefs claimed; the evidence (including conduct and title transfers) established that Ramaney held half shares in the disputed lots in trust for the deceased's children as per the Deeds of Trust and defendants' counterclaim for declarations/registration was allowed (claims for damages were rejected). The court ordered relevant land registration authorities to give effect to the declarations within 30 days and made costs orders accordingly.

Court Disposition

Plaintiff's claim dismissed. Defendants' counterclaim allowed in part (declaratory and registration reliefs granted); damages claims dismissed.

Orders

  • Plaintiff's claim is dismissed.
  • Defendants' counterclaim is allowed to the extent of declaratory and registration reliefs as sought (subject to the terms of the judgment).