A Letter of Administration De Bonis Non is necessary when previous administrators fail to fully manage the estate, impacting the beneficiaries' locus standi.

Introduction

[1] This is an application in respect of the properties belonging to the Estate of the late Hau Tee @ How Tee ("Deceased") passed away on 15 July 1968 and the Plaintiffs are seeking for the following orders:

i. PM13 be vested in Hau Cheng Seng pursuant to s 420 National Land Code .

ii. The properties of the Estate be sold through private auction as settlement of distribution of the Estate of the Deceased.

iii. The auction reserve price of the said properties to be sold following the Valuer's Reports.

iv. The auction reserve price to be reduced by 15% from the private auction if the private auction fails.

v. That Chu Peng Wan, a licensed auctioneer from the firm Wan Auctioneer be engaged for the purpose of the private auction.

vi. The 3rd Plaintiff Haw Eng be appointed as the Administrator De Bonis Non for the Estate of the Deceased.

vii. That the 3rd Plaintiff be given the power and liberty to execute all sale and purchase contracts and/or Contract Memorandums for the said private auction.

viii. That the 3rd Plaintiff be given power and liberty to complete Memorandum of Transfer (Form 14A) and any other relevant documents in order for complete transfers of the said properties to be sold to successful bidders at the said private auction.

ix. The Director of Land and Mines and/or the relevant District Land Administrator and/or any of the relevant Government Offices and/or Local Authorities that have the necessary steps to register and complete the transfer of the said properties to be sold to the successful bidders at the said private auction.

x. That the Director of Land and Mines and/or the relevant District Land Administrator and/or any of the relevant Government offices and/or Local Authorities complete any memorials in the issue Document of Title of the said Properties to carry out this order.

xi. That the relevant purchase or auction amount to be paid to M/s JA Nathan & Co. Advocates and Solicitors, No. 13-5 Jalan Majidi, 84000 Muar, Johor as stakeholders.

xii. That the final of the sale of the said properties after the deduction of payments and costs including legal costs, auctioneer costs and Real Property Gains Tax be divided with 1/9 share each among the beneficiaries of the Estate of the Deceased.

[2] There are objections raised by the Defendants and they are:

i. The Plaintiffs/Applicants have no locus standi to make the application for the vesting of the properties of the Estate of the Deceased.

ii. The Application is defective.

iii. Application for letter of administration De Bonis Non was not made earlier.

iv. As this is a contentious probate matter, it cannot be applied for pursuant to O 71 Rules of Courts 2012 but instead should be made pursuant to O 72 Rules of .

v. No application by co-proprietors of certain properties to have the private auction.

vi. The Defendants have not consented to the appointment of the licenced Valuers nor the solicitors to act for the Estate or on behalf of the Administrator since there is no Administrator De Bonis Non.

vii. The sale of the properties of the Estate should be made vide public auction and not through private treaties unless agreed upon by all parties.

[3] The Cause Papers are as follows:

i. The Originating Summons filed on 19 June 2020.

ii. Affidavit-in-support filed on 19 June 2020.

iii. Affidavit-in-opposition filed on 6 August 2020.

iv. Affidavit-in-opposition filed on 19 August 2020.

v. Affidavit-in-opposition filed on 7 September 2020.

vi. Affidavit-in-opposition filed on 8 September 2020.

vii. Supplementary affidavit filed on 19 October 2020.

viii. Affidavit-in-reply filed on 26 October 2020.

Background Facts Of The Case

[4] On 15 July 1968 the late Hau Tee @ How Tee ("Deceased") passed away leaving the following properties are held under the Titles as follows:

a. GM3209, Lot 3040 Kesang Sub District, District of Tangkak (formerly known as EMR 1687, Lot 3040, Kesang Sub District, District of Muar), State of Johore.

b. GM3206, Lot 3049, Kesang Sub District, District of Tangkak (formerl