23 Dec 2022
MOHAMED SHAFIE BIN PAKIRI MAMMAL (Sebagai Pentadbir Harta Pusaka Shaharom Banun Binti Che Mat Din, SiMati) MOHD ISMAIL BIN CHE MAT DIN
- Citation
- BA-22NCvC-42-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-42-01/2022 (Mahkamah Tinggi)
On the balance of probabilities the court found the deceased paid RM180,000 toward the purchase of a half share, the handwritten letter of 1-5-2008 (Exhibit D6) and corroborating witness evidence established the deceased's contribution and intention to acquire half the property; the defendant failed to prove the sum was a personal loan or to rebut the presumption of resulting trust; rental proceeds paid to the deceased evidenced beneficial enjoyment; accordingly defendant holds 1/2 share on resulting trust for the deceased and plaintiff (as administrator) is entitled to declarations and trans…