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2021 MarsdenLR 3303
HIGH COURT MALAYA SHAH ALAM
MULIA AB SAMAT – Appellant
Versus
HUSSIEN ABD SHUKOR & ORS – Respondent
[Civil Suit No: BA-22NCVC-639-12-2018]
A power of attorney executed with natural love and affection remains valid post-death of the donor, regardless of consideration, and invalid distribution orders are legally unenforceable.
Headnote:(A) Powers of Attorney Act 1949 (Revised 1990) – Sections 5 and 6 – Contracts Act 1950 – Section 26 – Dispute over ownership of agricultural land – Plaintiff, the adopted daughter, exercised power of attorney to transfer land post-death of the donor; validity of the power of attorney and consideration were key issues – Court upheld that the impugned power of attorney was valid and irrevocable based on natural love and affection, hence the transfer was lawful – Defendants' Distribution Order rendered void. (Paras 10, 21, 30, 31)
(B) A valid power of attorney for valuable consideration must adhere to established statutory requirements, including valuation and relationship criteria – The existence of natural love and affection suffices for a valid power of attorney despite no monetary consideration being present. (Paras 14, 20, 22)
Facts of the case: The dispute was regarding two pieces of land belonging to the deceased. The plaintiff claimed legal right via a power of attorney executed prior to the donor's death while the defendants challenged its validity based on a distribution order they obtained.
Findings of Court: The court found the distribution order invalid due to misinformation and upheld the plaintiff's claim of rightful ownership through the power of attorney established on natural love and affection.
Issues: The court addressed whether the power of attorney remained valid post-death of the donor and the legitimacy of the distribution order.
Ratio Decidendi: The court reasoned that the impugned power of attorney was valid as the natural love and affection provided sufficient basis for its enforceability despite the absence of blood relations, marking it as irrevocable as stated by the deceased.
Result: Plaintiff’s claim allowed and defendants’ counterclaim dismissed with costs awarded.
JUDGMENT
Introduction
[1] This case concerns a dispute over the rightful ownership of two pieces of agriculture land which once belonged to AB Samat Bin Shukor (hereafter 'the deceased'). The dispute is between the adopted daughter (plaintiff) of the deceased and the siblings (defendants) of the deceased. The parties have gone through a full trial. On 22.1.2021, this Court delivered its decision in favour of the plaintiff's claim and dismissed the defendants' counterclaim. The reasons for the decision are set out as below.
Salient Background Facts
[2] The plaintiff is the adopted child of the deceased. On 22.6.1994, the deceased executed a Power of Attorney (hereafter 'the impugned PA'). The deceased nominated and appointed the plaintiff as his attorney to do all or any of the things as expressly stated in the impugned PA. The relevant paragraphs of the impugned PA are reproduced as below:
"8. To manage and conduct my business in my land held under geran No. GM 1584 & GM1585 Lot 18924 (Kg) & 7752 (Bdg) - 446/576 share, Mukim Tanjong Karang, District of Kuala Selangor, and to do and perform all acts or things in the execution of the said business as fully and completely as I might do were personally present.
9. To sell to any person the said land only, property whether now belonging to me or which shall hereinafter belong to me and for that purpose to sign and execute all transfers and other instruments necessary.
....
14. To enter into possession of the said land only property, to give notice to quite to increase the rents of my lands and houses; to take down rebuild, alter, improve or repair all or any of such houses or buildings as occasion may require and to do every act and thing for the improvement of the same.
....
24. Saya AB SAMAT BIN SHUKOR mengaku dengan sesunggohnya menyerahkan semua hak bahagian saya dalam tanah No. GM. 1584 & GM. 1585 Lot 18924(Kg) & 7752 (Bdg) - 446/576 bahagian kepada anak perempuan saya bernama MULIA BT AB SAMAT K.P. No. A 0679928 biru bagi menguasai, memiliki, mempunyai tanah itu dengan sepenoh penohnya. Surat Kuasa Wakil Penoh yang saya berikan ini adalah membolehkan Penerima Surat Kuasa Wakil Penoh ini memindahkan hakmilik tanah ini kepada namanya dengan tanpa saya hadir dengan menanda tangani dalam borang2 permindahan hak milik tanah yang lain. Surat Kuasa Wakil Penoh ini tidak boleh sekali2 dibatalkan atau pun Tarik balik dengan apa cara jua pun dan tidak terikat dengan kematian saya atau pun kepapa'an saya hinggalah hak bahagian tanah ini telah di pindah milik kepada nama Penerima Surat Kuasa Wakil Penoh ini dengan tetap nya.
...."
[3] The impugned PA was filed and registered at the High Court of Shah Alam, Selangor with Registration No. 2050/95 on 29.5.1995. The impugned PA was also registered at the Pejabat Tanah dan Daerah Kuala Selangor with Registration No. Jilid 36, Folio 79 on 21.6.1995.
[4] The two pieces of land mentioned in paragraph 8 of the impugned PA are currently known as GM 5134 Lot 27064 and GM1584 Lot 18924, Mukim Tanjung Karang, Sungai Burong Blok 'Z', Daerah Kuala Selangor (hereafter 'the said lands'). The deceased previously owned 446/576 (or 223/288) of undivided shares in both the said lands (hereafter 'the deceased's undivided shares).
[5] The deceased passed away on 24.1.1998. According to the plaintiff's testimony (PW5-WS1, see Q&A 21), before the deceased passed away, after the execution of the impugned PA on 22.6.1994, the deceased had instructed the plaintiff to enter into the said lands and to work on the said lands At the end of 2016 or early 2017, the plaintiff was driven out from the said lands by the 1st defendant who claimed he and the other defendants were the beneficiaries of the deceased's undivided shares, and that they were entitled to take possession of the said lands
[6] The defendants' claim is premised on a Distribution Order dated 12.10.2016 (hereafter 'the Distribution Order') pursuant to s 13 of the Small Estates (Distribution) Act 1955 is
