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2013 MarsdenLR 569

HIGH COURT MALAYA PENANG
SALIZA OTHMAN – Appellant
Versus
CHE ROKIAH DESA & ORS – Respondent


Table of Content
1. plaintiff's claim to inherited property. (Para 1 , 2 , 3 , 4 , 5)
2. rights of inheritance under islamic law. (Para 6 , 10)
3. documents establishing plaintiff's claim. (Para 7 , 8 , 9)
4. court's discretion and jurisdiction. (Para 11 , 15 , 20)
5. locus standi of the plaintiff. (Para 12 , 14 , 19)
6. issues of locus standi and legal capacity (Para 13 , 16 , 17 , 18)
7. decision to allow defendants' application. (Para 21)
8. potential jurisdiction of the court if properly initiated. (Para 22)

[1] This action was commenced by the Plaintiff in her declared capacity as a 'beneficiary' to the Estate of her late mother Haznah binti Aziz @ Abdul Aziz (the deceased).

[2] The subject of the Plaintiff's claim was a ¼ undivided share in Lot 310, GM 675, Mukim 11, Seberang Perai Tengah, Pulau Pinang (the said land) which, according to the Plaintiff, the deceased was entitled to receive in the deceased's name or for the benefit of her heirs. The Plaintiff sought for a declaration that the claimed ¼ share of the deceased be accordingly given effect to and the relevant land authorities be directed to make the needful amendments to the land registry records in respect of t

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