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2013 MarsdenLR 565

HIGH COURT MALAYA PENANG
SALIZA OTHMAN – Appellant
Versus
CHE ROKIAH DESA & ORS – Respondent


Table of Content
1. estate entitlement and claims (Para 1 , 2 , 3 , 4 , 5 , 8 , 9)
2. locus standi in estate claims (Para 6 , 10 , 12)
3. judicial discretion on proceedings (Para 11)

[1] This action was commenced by the Plaintiff in her declared capacity as a 'beneficiary' to the Estate of her late mother Haznah binti Aziz @ Abdul Aziz (the deceased).

[2] The subject of the Plaintiff's claim was a ¼ undivided share in Lot 310, GM 675, Mukim 11, Seberang Perai Tengah, Pulau Pinang (the said land) which, according to the Plaintiff, the deceased was entitled to receive in the deceased's name or for the benefit of her heirs. The Plaintiff sought for a declaration that the claimed ¼ share of the deceased be accordingly given effect to and the relevant land authorities be directed to make the needful amendments to the land registry records in respect of the said land. Pending disposal of this suit, the Plaintiff also prayed for restraining orders to be issued against the Defendants from in any way dealing with the said land.

[3] Presently, the registered owners of the said land were the Defendants, who were recorded in the document of title as follows:-

Che Rokiah binti Desa - 1/3

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