TONG HWA YEE LIM AH TONG

TONG HWA YEE LIM AH TONG

The court found that the decree nisi terminated the plaintiff's half share and that the defendant, by virtue of the grant of probate, is the trustee and controller of the property; therefore the plaintiff no longer has a proprietary interest and her application for sale, division of proceeds, contributions and rents...

Source-derived case information.

Citation
JA-24NCvC-1232-12/2022 (Mahkamah Tinggi)
Parties
Plaintiff: TONG HWA YEE; Defendant: LIM AH TONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 March 2024
Case Number
JA-24NCvC-1232-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Property/probate/insolvency Dispute / Application Heard and Dismissed at High Court (judgment)
Outcome
Plaintiff's application in Annexure 1 dismissed with costs
Legal Topics
Sale of Co Owned Property, Effect of Decree Nisi on Title, Grant of Probate and Trustee Rights, Vesting of Property on Bankruptcy, Application for Sale and Division of Proceeds
Property Law Probate and Administration Insolvency Law Family Law Civil Procedure Sale of Co Owned Property Effect of Decree Nisi on Title Grant of Probate and Trustee Rights +2 more

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Parties

TONG HWA YEE

Plaintiff

LIM AH TONG

Defendant

Procedural Posture

Civil Property/probate/insolvency Dispute / Application Heard and Dismissed at High Court (judgment)

  1. 1 Whether the plaintiff remains owner of a half share in the property
  2. 2 Whether the decree nisi extinguished the plaintiff's interest despite the plaintiff's bankruptcy
  3. 3 Whether the grant of probate vested the property in the defendant as executor/trustee

Ratio Decidendi

The court found that the decree nisi terminated the plaintiff's half share and that the defendant, by virtue of the grant of probate, is the trustee and controller of the property; therefore the plaintiff no longer has a proprietary interest and her application for sale, division of proceeds, contributions and rents is unmeritorious and must be dismissed.

Court Disposition

Plaintiff's application in Annexure 1 dismissed with costs

Orders

  • Plaintiff's application in Annexure 1 is dismissed.
  • Costs to be paid by the Plaintiff.