28 Jul 2022
Ooi Kim Geik 1. ) Ng Kim Pin 2. ) Lim Peng Seng
- Citation
- BA-22NCvC-70-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-70-02/2020 (Mahkamah Tinggi)
On the balance of probabilities the deceased intended to gift the 2/3 shares to the defendants rather than to have them held on resulting trust; contemporaneous and subsequent conduct (deceased's consolidation excluding the subject property, probate listing estate as 1/3, defendants' conduct in transferring other lands back without payment, absence of contemporaneous written trust instrument or instruction, unreliable diary entries and other documents) support gift; no unconscionability established to found a constructive trust; therefore defendants are registered and beneficial owners of the…