The Plaintiff as an Administrator has the locus standi to apply for land subdivision under Section 145 of the National Land Code despite the Defendant's lack of cooperation.

JUDGMENT

Awg Armadajaya Awg Mahmud JC:

(Enclosure 1 & 22)

Introduction

[1] There are 2 applications here, one is the Originating Summons (Enclosure 1) and another is the application to struck out encl 2 vide Notice of Application (Enclosure 22).

[2] The Orders sought for in encl 1 are as follows:

i. that the piece of land held under the Title which is known as GRN 87189 (formerly known as GRN 9603) Lot 1439, Bandar Maharani, in the District of Muar, in the State of Johore as per the proposed land division be allowed;

ii. that the Deputy Registrar and / or the Senior Assistant Registrar and / or Land Administrator and / or Plaintiff and / or Solicitors be granted the power to sign all the proposed plans for the application of Land Subdivision and the application forms and / or other documents for / or on behalf of the Defendants as required to complete the process of subdivision and the issuance of separate individual titles for the said land as proposed;

iii. that the Administrator of Land and Minerals of Johore and / or any relevant parties to give effect to the Order and to receive as authentic any forms or documents which were signed in accordance with this Order and to give effect to the subdivision of the said land until the separate individual land titles have been issued in accordance with proposed plan;

iv. the cost to be borne by the Plaintiff;

v. other reliefs or orders as the Court thinks fit and just.

[3] The basis of the application pursuant to the Originating Summons are as follows:

a. The Plaintiff as the Administrator of the Estate of Ahmad bin Adam who is the legal owner of 64/101 share of a property / land held under the title as GRN87189 (formerly known as GRN 9603) Lot 1439, Bandar Maharani, in the District of Muar, in the State of Johore applied to the Land Administrator's Office for the subdivision of the land.

b. The Defendant being the legal owner of 37/101 share of the said property / land refused to give cooperation by signing the relevant documents to give effect to the subdivision.

c. That the Land and Minerals Office of Johore / Muar Land Office insisted that the relevant documents for the subdivision be signed before the subdivision may be effected registration be done.

d. The refusal of the Defendant to sign the relevant documents for the subdivision of the said property / land has hindered the Plaintiff's application for subdivision at the Land and Minerals Office of Johore / Muar Land Office.

e. As such, a Court Order is needed for the purpose of carrying out and registering the subdivision.

[4] The Cause Papers are as follows:

i. Originating Summons (Enclosure 1).

ii. Affidavit-in-support (Enclosure 2).

iii. Affidavit-in-opposition (Enclosure 10).

iv. Affidavit-in-reply (Enclosure 11).

v. Reply to the affidavit-in-opposition (Enclosure 18).

vi. Notice of application (Enclosure 22).

vii. Affidavit-in-support of application pursuant to encl 22 (Enclosure 23).

viii. Affidavit-in-Opposition against the Application (Enclosure 26).

ix. Reply to the Affidavit-in-opposition (Enclosure 27).

x. Affidavit-in-reply to the Affidavit-in-opposition (Enclosure 28).

Background Facts

[5] The husband of the Plaintiff and the father of the Defendant are co-proprietors of an undivided property / land held under the title as GRN87189 (formerly known as GRN 9603) Lot 1439, Bandar Maharani, in the District of Muar, in the State of Johore in the following shares:

i. The Plaintiff holds 64/101 of the undivided shares.

ii. The Defendant holds 37/101 of the undivided shares.

[6] After the passing of both the husband of the Plaintiff and the father of the Defendant, the Plaintiff wishes to sub-divide the land but was unable to so as the Defendant opposed the move. The Defendant was said to have denied any co-operation. Hence the application vide Originating Summons pursuant to s 145 National Land Code 1965 . The Defendant is the administrator of the estate of his father.

The Issues In This Application

[7] As the issues in encl 1 and Enclosure 22 are over