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2021 MarsdenLR 2190
HIGH COURT MALAYA PULAU PINANG
HALIJAH SHAHABUDIN – Appellant
Versus
ISMAIL INNUNU ABU BAKAR – Respondent
[Originating Summon No: PA-24NCVC-304-04/2019]
The High Court has jurisdiction to intervene in small estate matters under exceptional circumstances when the Land Administrator's processes lead to injustice.
Headnote:(A) Small Estate (Distribution) Act 1955 – Section 13(4) – Letters of administration were improperly granted to the Respondent due to lack of evidence as to next of kin – The Applicant, being a direct beneficiary, filed for the striking down of Borang F issued by Land Administrator. (Paras 1, 5, 7, 28)
(B) Jurisdiction – The High Court emphasized that the Land Administrator has exclusive jurisdiction in small estate matters; however, in situations where injustice occurs, the court may intervene. (Paras 19, 24, 34)
Facts of the case: The Applicant, Rahmah's great-granddaughter, contested the approval of Borang F, assigned to the Respondent, who was neither a beneficiary nor had supporting evidence for the claim. The Respondent's objection was based on procedural grounds, claiming that the application was improperly filed.
Findings of Court: The High Court found that the Land Administrator was required to reconsider granting authority, allowing the Applicant's request to set aside Borang F due to procedural lapses.
Issues: The core issue revolves around administrative rights regarding the estate and jurisdictional boundaries between Land Administrators and the High Court.
Ratio Decidendi: The court held that the Land Administrator's advice undermined the Applicant’s ability to pursue her rightful interest, necessitating judicial intervention for affirming equity in estate distribution.
Result: The application to set aside Borang F was allowed, directing the Land Administrator to re-examine the matter with the Applicant duly represented. (Paras 38)
JUDGMENT
Introduction
[1] This is the Applicant's application by way of an Originating Summons to strike out / set aside the Borang F of Guaman Pembahagian No. JKPTG/PK/07/01/0561/2015 Tahun 2015 dated 17 August 2016 - that is the Land Administrator's grant of letters of administration for the estate of the late Rahmah Omar to the Respondent pursuant to s 13(4) of the Small Estate (Distribution) Act 1955 ("SEDA").
[2] I heard the application and allowed it. These are the grounds for my decision.
Background Rahmah's Estate
[3] The background facts are as follows. This matter pertains to the estate of Rahmah Omar ("Rahmah"). Rahmah's estate comprises 2 pieces of real property identified as (a) GM 34 Lot 1031 Mukim 2 Seberang Perai Tengah and (b) GM 1615 Lot 10091 Mukim 2 Seberang Perai Tengah (collectively referred to as "Property") (Exhibit HSB-5 @ paragraph 10 of the Affidavit supporting the application for the Sijil Faraid).
The Applicant
[4] The Applicant is Rahmah's great-granddaughter and by virtue thereof, Rahmah's next of kin and beneficiary to Rahmah's estate, together with her 7 siblings (Exhibit HBS-2). In the course of seeking to administer Rahmah's Estate:
Sijil Faraid
(1) The Applicant had filed an application before the Penang Syariah Court (Exhibit HBS-5) on 23 January 2018 and obtained the Sijil Faraid on 5 March 2019. The said Sijil Faraid listed the Applicant and her 7 siblings as the beneficiaries of Rahmah's Estate. There were no other beneficiaries, and in particular, not Mohd Noor nor the Respondent; and
Presumption Of Death
(2) The Applicant had also filed an application before the Penang High Court on 22 February 2019 and obtained an order on 26 March 2019 declaring that Rahmah is presumed to have passed away in or around 1936. (Exhiit HSB-1).
Mohd Noor And The Respondent
[5] However, it came to the Applicant's attention that someone by the name Mohd Noor Darus ("Mohd Noor") had already made an application to the Land Administrator ("LA") in 2015 under s 13 (Order for distribution of Estate) SEDA. The Land Administrator had granted letters of administration to the Respondent, Ismail Innunu Abu Bakar, pursuant to ss 13(4) SEDA in the form of Borang F on 17 August 2017 (Exhibit HBS-4). Mohd Noor and the Respondent were both strangers to the Applicant.
Borang F
[6] There are 4 things to note about the Borang F:
(1) It states that Rahmah passed away on 31 December 1959;
(2) The letter of administration is a limited grant pursuant to s 13 SEDA and is subject to the following condition: "Ia terhad kepada ... pungutan dan pemeliharan harta simati dan memberi pelepasan bagi hutang harta pusakanya yang kena dibayar, tertakluk kepada arahan Pentadbir Tanah":
(3) The list of assets listed in the Borang F are the very Properties that are claimed by the Applicant in the Sijil Faraid; and
(4) There is a note immediately following the listing of the Property that reads as follows:
"1. Surat Kuasa Mentadbir (Borang F) ini dekeiuarkan kerana siasatan mendapati masih terdapat waris-waris yang tertinggal.
2. Pentadbir/waris diminta memohon Sijil Faraid dari Mahkamah Syariah.
3. Perintah Borang F perlu didaftar di Pejabat Tanah Seberang Perai Tengah.
4. Boleh mohon perbicaraan berikutnya untuk membatalkan status pentadbir setelah faraid diperolehi"
Absence Of Supporting Documents For Borang F
[7] The Respondent, in his affidavit in reply, did not produce the application, nor the documents supporting the application, to the Land Administrator for the grant of the letters of administration. As such, we can assume that there was:
(1) No evidence that Rahmah died on 31 December 1959 ie death certificate or a Court order presuming her death, was put before the Land Administrator; and
(2) No evidence that the Mohd or the Respondent were the next of kin or beneficiaries of Rahmah's Estate ie Sijil Faraid, was put before the Land Administrator.
Sijil Faraid - Final And Conclusive
[8] Since then, the Applicant had applied for obtained the Siji
