3 Mar 2023
1. ) SINNAMAH A/P KINDASAMY 2. ) RAMASAMY A/L KANDASAMY 3. ) PALAMIAMAH A/P KANDASAMY 4. ) KRISHNAMAH A/P KANDASAMY 1. ) Arumugam A/l Kandasamy 2. ) Palanisamy A/l Kandasamy
- Citation
- BA-22NCvC-587-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-587-12/2019 (Mahkamah Tinggi)
On the balance of probabilities the court found that the siblings had agreed that the elder brothers would act as trustees to pursue alienation as successors (pengganti) of the deceased TOL holder; Land Office records and PW1's evidence showed the Defendants applied and obtained alienation as next of kin; family witnesses corroborated an unequivocal trust and contributions; Defendants admitted facts inconsistent with exclusive ownership and failed to rebut documentary presumptions under s73A and s90 Evidence Act; registration in their sole names amounted to breach of that trust; declarations…