Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Beneficiary under intestacy

Legal area

Court

3 Dec 2024

TEONG PEEK MENG ONG CHUN KIM

Citation

AA-24NCvC-287-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCvC-287-06/2024 (Mahkamah Tinggi)

Defendant, as an intestate beneficiary, did not possess a registrable or proprietary interest in the land prior to full administration and had executed a 2003 renunciation; she failed to adduce evidence to raise a serious question (forgery) meriting trial; the balance of convenience favoured plaintiff. Therefore the private caveat was unjustified and must be removed.
3 Dec 2024

TEONG PEEK MENG TEONG PECK JOO

Citation

AA-24NCvC-286-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-24NCvC-286-06/2024 (Mahkamah Tinggi)

Defendant lacked a registrable caveatable interest because as an heir he had no proprietary interest prior to administration and had executed a renunciation in 2003; defendant failed to adduce evidence to raise a serious question on alleged forgery; balance of convenience favoured plaintiff given delay and prejudice; therefore the private caveat was ordered removed and costs awarded to plaintiff.