The court confirmed its authority to grant declaratory relief under the Small Estate (Distribution) Act 1955, emphasizing that fraudulent misrepresentation invalidates property transfers.

[1] This is an appeal by the Appellant which has been filed through originating Summons (Enclosure 2) to strike out/set aside the Small Estate Distribution Order obtained through Form F dated 8 June 2004 (Exhibit "KS6" as in the Apellant's Affidavit in Support) which involved the property registered under GM3407 and GM 3408, Lot No: 9673 and 9674, Mukim Parit Buntar, Main Trunk Road, District of Kerian, Perak in the estate of THEILAMMAY D/O KUMURASAMY ("deceased's estate') and further transfer of the deceased's estate to the Second Respondent.

[2] The OS vide enclosure 2 had prayed for the following reliefs:

a) That the Appellant be granted leave to file this appeal which is out of time as provided;

b) A declaration that the Small Estate Distribution Order on the estate of Theilammay d/o Kumarasamy ("deceased") granted by the Land Administrator of Kerian, Perak through Form F (the initial application) under s 13 of the Small estate (Distribution) Act 1955, Order of Distribution No GPK 3407 and 3408, Lot No: 9673 and 9674, Mukim Parit Buntar, Main Trunk Road, District of Kerian, Perak together with premises No 391, Sungai Rawa, 34200 Parit Buntar erected thereon which was obtained by the First Respondent, Verapan a/l Sinathamby is invalid, ineffective and has to be set aside/struck out and the application for distribution order to be heard again because it was made in the absence of the Appellant;

c) A declaration that the Land Administration officer of the Small Estate of District of Kerian be authorized to have a hearing on the deceased's estate who is the initial registered owner, ie THEILAMMAY D/O KUMARASAMY, deceased and the said estate be distributed accordingly to the beneficiaries as per the law of intestacy and also Small Estate (Distribution) Act, 1952,

d) A declaration that the transfer made under the deceased's estate through presentation No 1232/2006 on the said property held under GM 3407 and GM 3408, Lot No 9673 and 9674, Mukim Parit Buntar, Main Trunk Road, District of Kerian, Perak together with the premises No 591, Sungai Rawa 34200 Parit Buntar, Perak from Verapan a/l Sinathamby (First Respondent) to Bala Murugan a/l Verapan (Second Respondent) is invalid, ineffective and has to be set aside.

e) An order to prevent the Defendants, their agents, and their workers or any one from administering the said deceased's estate in any whatsoever manner until the hearing and disposal of this action/appeal on/or until any such order is made by theHonourable Court which it thinks fit and proper.

f) That the Private Caveat Nos 725/2011 and 752/2011 entered in the register for lot No 9673 and 9674, Mukim Parit Buntar, Main Trunk Road, District of Kerian, Perak held under GM No 3407 and 3408 respectively by the Appellant be entered and to be maintained in the registered document of title for the said properties until the hearing and full settlement of this appeal or until any such order is made by the Honourable Court which it thinks fit and proper.

g) That an order be made instructing the Land Administrator of District of Kerian to do the necessary as required to give effect to the Order made thereafter;

h) That the cost for this appeal borne by the First and second respondent,

Factual Background

[3] The deceased, THEILAMANY D/O KUMURASAMY ("the said deceased") through her marriage to VERAPAN KOVINDER S/O MURUGAN KOVINDAN also a deceased had five (5) children's of the marriage, namely:-

(a) SIDAMBARAM S/O VERAPAN (ie the Appellants father)

(b) PALANIAPPAN S/O VERAPAN;

(c) SINATHAMBY S/O VERAPAN (ie First Respondent's father)

(d) PALANIA YEE D/O VERAPAN;

(e) PARVATHI D/O VERAPAN (who has converted to Islam now)

[4] The birth certificates, death certificates and