Co-proprietors can seek termination of co-ownership under Section 145 of the National Land Code without prior partition attempts, especially in cases of irretrievable breakdown of relationships.

JUDGMENT

Suzana Muhamad Said JC:

Introduction

[1] This is an application by the Plaintiff for an Order for Sale of a property known and held under Grant No 15956 Lot 14762 Mukim Kuala Lumpur, Negeri Wilayah Persekutuan, Daerah Kuala Lumpur having a postal address at No 34, Jalan Limau Nipis, Bangsar Park, 59000 Kuala Lumpur (Property).

[2] The Plaintiff prayed for the following reliefs:

i) the Property be sold at the latest market price and/or based on the latest valuation report;

ii) that the Defendant sign all documents including and not limited to the Sale and Purchase Agreement and Memorandum of Transfer, for the purpose of giving effect to the sale of the Property, within 7 days from the date any documents are served on the Defendant;

iii) If the Defendant fails to sign all the documents in paragraph (ii) above, the senior assistant registrar to sign all the said documents on behalf of the Defendant;

iv) All the proceeds from the sale of the said property be divided equally and be paid to both the Plaintiff and Defendant;

v) In the alternative, that the Defendant be ordered to buy the Plaintiff's ½ share of the said property at the latest market price and/or based on the latest valuation report;

vi) Any other order deemed just and reasonable by this Honourable Court ; and

vii) The costs of this application to be paid by the Defendant to the Plaintiff.

Cause Papers

[3] The cause papers filed in this Suit are:

(a) The Originating Summons (Enclosure 1)

(b) The Affidavit in Support affirmed by Kumaradevan Rajadevan on 24 November 2023 (Enclosure 2)

(c) The Affidavit in Reply affirmed by Jeevamalar a/p Kumarasubramaniam on 11 December 2023 (Enclosure 5)

(d) The Affidavit in Reply affirmed by Kumaradevan Rajadevan on 10 January 2023 (Enclosure 8)

Brief Facts

[4] In encl 1, the Plaintiff stated the following reasons for the application.

[5] The Plaintiff and the Defendant are joint owners of the Property. The Defendant is the Plaintiff's mother.

[6] In February 2023, the Defendant informed the Plaintiff that she had found a purchaser for the Property, and on 4 April 2023, the Plaintiff received a letter from the Defendant's lawyer, asking the Plaintiff to give the Plaintiff's rights over the Property to the Defendant.

[7] When the Plaintiff failed, the Defendant began an action against the Plaintiff, for an Order for Sale, through Originating Summons WA-24NCVC-1663-05.2023 (1st OS). However, when the Plaintiff and the Defendant were in the midst of settlement negotiations, the Defendant withdrew the said suit.

[8] On 17 October 2023 via a telephone conversation, the Plaintiff asked the Defendant if the Defendant was willing to sell the Property. The Defendant said that she was unwilling to do so. The Plaintiff then told the Defendant that the Plaintiff wanted to sell it, but the Defendant still refused to agree to the sale of the said property.

[9] As such, the Plaintiff and Defendant are unable to continue to own the Property as joint owners.

[10] The Plaintiff also stated in para 5 of encl 2, that the relationship between the Plaintiff and Defendant had irretrievably broken down in 2017.

Plaintiff's Contention

[11] The Plaintiff contended that there are two (2) grounds that the order for Sale is 'necessary or expedient'. That the relationship between the parties has reached an impasse and has irretrievably broken down, and the Defendant has been treating the Property as her own property not a joint property.

[12] The Plaintiff and the Defendant have equal shares in the Property, but, the Defendant has and is enjoying the sole possession and use of the Property.

[13] The Plaintiff further contended that the relationship between the Plaintiff and the Defendant has broken down and it is impracticable to maintain as co-proprietors.

[14] The Plaintiff also contended that it is not practical for the land to be partitioned due to excessive costs, issues with obtaining approval, and Property will become unreasonably small as there is also a double storey house er