2 Dec 2024
Sunitha Madhu [Membawa Tindakan Ini Sebagai Pentadbir Sah Harta Pusaka Simati (Madhu A/l K.v. Dharan (No. K/p: 550403-10-6085)] 1. ) PALAYAM A/L NAGAPPAN 2. ) Tersaim Lall A/l Sadhu Ram [Yang Beramal Sebagai Peguambela Dan Peguamcara Di Tet
- Citation
- BA-22NCvC-114-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-114-03/2020 (Mahkamah Tinggi)
On the balance of probabilities the court found the Power of Attorney was forged and D1 complicit; D2 was involved and at least negligent (and facilitated fraud); Kannan's title was defeasible because registration was obtained by means of a forged instrument; D3 failed to prove it purchased in good faith for valuable consideration and so is not protected by proviso to s.340(3); D4 breached statutory and common law duties in registering transfers and handling caveat matters; Plaintiff's claim was timely (fraud discovered 2015). Therefore the court set aside the registration in D3 and ordered r…