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2014 MarsdenLR 1050

HIGH COURT MALAYA KUALA LUMPUR
GUINDARAJOO VEGADASON – Appellant
Versus
SATGUNASINGAM BALASINGAM – Respondent


Table of Content
1. dispute over title and alleged gift. (Para 1 , 2)
2. background of parties and property ownership. (Para 3 , 4 , 5 , 6)
3. plaintiff's claims regarding the property. (Para 10 , 11 , 12)
4. plaintiff’s contention for revocation of letters of administration. (Para 13 , 14)
5. claims of ownership and misrepresentation. (Para 15)
6. analysis of rights and legal precedents. (Para 18)
7. legal basis for the deceased's ability to gift. (Para 19 , 20 , 21 , 29)
8. definition and requirements of gifts inter vivos. (Para 30)
9. conditions for valid inter vivos gifts. (Para 31 , 32 , 33 , 34)
10. discussion on proprietary estoppel. (Para 36)
11. principles of proprietary estoppel established. (Para 37)

[1] The dispute in this case is over a house which one Maheswary Navaratnarajah ("the deceased") was entitled to as the sole beneficiary to the estate of her deceased daughter. The plaintiff claims ownership of the house on the basis that the deceased was his adoptive mother and that she had given the house to him as a gift during her lifetime and /or in the alternative he had an equitable interest in the house.

[2] The plaintiff further seeks an order for the revocation of the probate g

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