10 Apr 2025
CHUNG KIAT ENTERPRISE SDN BHD 1. ) Ng Ah Lek 2. ) Ng Choon Seng 3. ) Ng Choon Hock (Ketiga-tiganya Sebagai Wasi-wasi Kepada Harta Pusaka Simati, Ngu Sui Tin @ Ng Swee Lean) 4. ) Ng Choon Hock
- Citation
- KA-22NCvC-70-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-70-06/2018 (Mahkamah Tinggi)
On the balance of probabilities the deceased held the land as trustee for the Plaintiff: the Directors' Resolution, audited accounts, use of the land as company collateral and the executed Form 14A expressly describing the deceased as 'pemegang amanah' cumulatively establish equitable beneficial ownership; registration failure does not defeat the equitable trust; accordingly the deceased's Will cannot pass the land and the court will grant a declaration of trust but not a direct transfer of legal title, which must be pursued through estate or registration processes.