Malaysia Case Law: Decisions & Judgments

Topic

Locus standi of beneficiaries

Legal area

Court

3 Feb 2026

1. ) Chek Zaharah Binti Awang 2. ) NOOR AZIAH BINTI ABDUL KARIM 1. ) Yahaya Bin Baharom Wakil Di Sisi Undang-undang Harta Pusaka Puan Binti Saman 2. ) YAHAYA BIN BAHAROM 3. ) ZAKARIA BIN BAHAROM 4. ) Yahaya Bin Baharom (Wakil Diri Harta Pus

Citation

KA-22NCvC-12-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-12-03/2023 (Mahkamah Tinggi)

The 1972 Agreement was a valid enforceable sale executed with RM600 paid and continuous possession by the purchasers; beneficiaries had locus standi under the Al-Rashidy exception to protect estate assets when there was imminent threat; continuous possession and equitable constructive trust meant limitation did not bar the claim; defendants who acquired title by inheritance took subject to equities and must specifically perform the contract; therefore specific performance and ancillary orders were granted to effect transfer and protect the purchasers' rights.
26 Jan 2026

Md Su'aimy Bin Wahab (Sebagai Wakil Diri Bagi Harta Pusaka Wahab Bin Md Isa, Simati) 1. ) RAHMAH BINTI AHMAD 2. ) MD SU'AIMY BIN WAHAB (sebagai wakil diri bagi harta pusaka Wahab Bin Md Isa, si mati) 3. ) SAADIAH BINTI OSMAN 4. ) MD SU'AIMY

Citation

PA-24NCvC-1016-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCvC-1016-11/2019 (Mahkamah Tinggi)

Where a small estates distribution order was obtained without disclosure of lawful heirs and by conduct amounting to denial of those heirs' rights, the High Court may entertain an originating application for declaratory relief by an interested beneficiary; the impugned Borang E and subsequent transfers made pursuant to it are null and void and the land must be re-registered as part of the deceased's estate and a fresh probate/ distribution hearing ordered.
21 Jan 2026

1. ) Chan Lai Yoke 2. ) Chan Seong Jian 1. ) Chan Seong Phun 2. ) E.S.S Engineering Sdn Bhd 3. ) ESS Energey Holding Sdn Bhd 4. ) ESS Synergy Sdn Bhd 5. ) Amanah Raya Berhad

Citation

AA-22NCvC-60-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22NCvC-60-07/2025 (Mahkamah Tinggi)

The application to strike out was dismissed because the plaintiffs pleaded special circumstances within the Al Rashidy Kassim exception — they sought preservation (not distribution) of estate assets and alleged fraud and risk of dissipation, with the executor neutral — and therefore section 59 does not operate as an absolute bar to their limited equitable claim at this interlocutory stage.
30 Jul 2025

MAT SAAD BIN AHMAD 1. ) MOHAMAD SUKRI BIN ABDULLAH 2. ) Mohamad Sukri Bin Abdullah Wakil Diri Bagi Harta Pusaka Dahman Bin Haji Mat Akib,simati

Citation

KA-22NCvC-2-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-22NCvC-2-01/2020 (Mahkamah Tinggi)

Exhibit D2 survey evidence accepted and co‑owners' long‑standing communal allocation of physical portions is enforceable in equity; plaintiff failed to prove entitlement to Plot 2 and cannot displace the established allocation; defendants (beneficiaries/residents) have locus standi to protect the estate in absence of a letter of administration; accordingly plaintiff's claim dismissed and defendants' counterclaim allowed with specific measurement and injunctive orders and costs awarded.
23 Apr 2024

PUTRI SHAZANA BINTI MEGAT ABDUL RAHIM SELINA CHONG BINTI ABDULLAH PIHAK KETIGA Jabatan Kerja Raya Malaysia

Citation

WA-22NCvC-651-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-651-09/2019 (Mahkamah Tinggi)

The court found the Judgment-in-Default was regularly obtained; the defendant failed to prove defective service or produce a prima facie meritorious defence and offered unconvinced explanations for the near four-year delay, therefore the application to set aside was dismissed and costs awarded.
2 Apr 2024

1. ) SAMIAH BINTI MOHAMED DAUD 2. ) PUAD SABRI @ SABARIAH BINTI MOHD DAUD 3. ) MOHD HATTA BIN MOHD DAUD 4. ) LAILA SABAH BINTI MOHAMED DAUD 5. ) AB HAKIM AMER BIN MOHD DAUD 6. ) AB SALAM ARIF BIN MOHAMED DAUD 7. ) MOHD ZAINI BIN MOHAMED DAU

Citation

DA-24NCvC-322-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCvC-322-09/2023 (Mahkamah Tinggi)

The plaintiffs' claim was clearly unsustainable on its face because they lack locus standi: Mek Yam validly renounced her entitlement to the deceased's estate, leaving plaintiffs with no proprietary interest to protect; plaintiffs failed to show special circumstances to proceed without letters of administration and the pleadings disclose no reasonable cause of action, therefore the originating summons and supporting affidavit are struck out.
5 Jan 2023

1. ) AMIR MUHAMMAD ILIA SYAHID INDRA PUTRA @ JEFFREY JINS 2. ) HANG TUAH @ SHAZRIN BIN MOHAMED JIN 1. ) PUTERA HANG JEBAT BIN MOHAMED JIN 2. ) ROSAL AZIMIN BIN AHMAD 3. ) BARAKATUL KAMARIA BINTI AHMAD

Citation

BA-22NCvC-7-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-7-01/2019 (Mahkamah Tinggi)

A mark made by the donor in the presence of the certifying advocate, followed by the advocate's certification in Form 1 that the donor is of full age, voluntary and of sound mind, satisfies the execution and authentication requirements of s.3(1)(a)(vi) of the Power of Attorney Act 1949; accordingly the PA was valid, the 1st Defendant validly transferred the property to the 3rd Defendant, the 3rd Defendant's registered title is unchallengeable, and the Plaintiffs' claims fail.
29 Jun 2022

1. ) ADNAN BIN MAHROF 2. ) AZIZAN BIN MAAROF 3. ) JOHARI BIN MAAROP 4. ) SAMSIAH BINTI MAAROF 1. ) SABARIAH BINTI MA'AROF 2. ) SHAHRIL NIZAM BIN TALIB

Citation

NA-22NCvC-19-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

NA-22NCvC-19-05/2020 (Mahkamah Tinggi)

The consent judgment established that the first defendant held the property on trust for the deceased and beneficiaries; therefore she lacked capacity to transfer the beneficial interest to the second defendant and the transfer was effected by a void instrument rendering the second defendant's registered title defeasible under NLC s340(2)(b); the plaintiffs' claim to recover land was within the 12‑year limitation under s9(1); plaintiffs as beneficiaries had locus standi to seek recovery of estate property; judgment entered for plaintiffs ordering re‑transfer and costs.
24 Jan 2022

1. ) Makhtar Bin Mat 2. ) Hasbullah Bin Mat 3. ) Che Ghani Bin Mohamad Zariah Binti Muhamad

Citation

DA-22NCvC-6-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-6-01/2018 (Mahkamah Tinggi)

On the balance of probabilities the court accepted the fingerprint expert's court‑ordered comparison (P1) that the thumbprints on P2 and P3 were not those of the deceased but matched a different person; P2 and P3 are therefore forged, the transfers effected by them are void, indefeasibility under s340 is defeated, plaintiffs as beneficiaries have equitable interest and locus standi to seek declaratory reliefs, and an adverse inference under s114 was warranted for failure to call the material witness; consequential reliefs and costs were granted.
5 Jan 2022

1. KUAT KA PENG @ KER KA PENG 2. LIM CHING YONG 3. TAN SOON HEO 4. KER @ KUAT SOON HUAT ZULKARNAIN BIN ABD LATIF

Citation

JB-24NCVC-54-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-24NCVC-54-02/2021 (Mahkamah Tinggi)

The court held that the Defendant established sufficient basis for a caveatable interest under the special‑circumstances exception (beneficiaries/administrator acting to protect estate after alleged fraudulent transfer); therefore the Plaintiffs' application to remove the caveat was dismissed and the caveat remains, with the Defendant required to prove his substantive claim on the balance of probabilities at trial.