11 Oct 2023
1. ) ONG SEOK FONG 2. ) ONG CHEE KIONG 3. ) ONG BAN LING 4. ) ONG TAR FOO 5. ) ONG SEOK KIAN 1. ) NG TONG LAI 2. ) PENDAFTAR HAKMILIK NEGERI JOHOR
- Citation
- JB-22NCvC-44-07/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-22NCvC-44-07/2018 (Mahkamah Tinggi)
The impugned Irrevocable Power of Attorney was invalid because the statutory attestation requirements of Power of Attorney Act 1949 s3 were not satisfied (attesting solicitor did not explain contents; preparer lacked language competence and did not attest), the presumption under Evidence Act s85 was rebutted on the balance of probabilities, and the donor lacked the necessary lucidity on the execution date; consequently the transfer and subsequent registration founded on that POA are null and void and the property remains part of the deceased’s estate.