JUDGMENT

Christopher Chin Soo Yin JC:

(After Full Trial)

Background Facts

[1] The facts of this case can be narrated from the following chronology of events:

18 June 1998 - ATEI ANAK DELI ('the Deceased") married one LINA ANAK BANDAN (DW2);

18 June 1999 - The 1st Defendant was born to the Deceased and DW2 Lina A Bandan and was their only child;

23 March 2001 - The Deceased divorced his wife DW2 Lina A Bandan under Adat Iban Order 1993 . Custody of the 1st Defendant, who was then 17 months old was given to the biological mother DW2 Lina A Bandan as he was still being breast fed.

30 March 2003 - The Plaintiff marries the Deceased under s 148 Adat Iban Order 1993 . This union did not bear any issue;

23 August 2004 - The marriage ceremony was performed in the Chief's Court Selangau;

2009 - The deceased commenced contributions to KWSP;

18 December 2018 - The Deceased passes away intestate;

31 December 2018 - Letters of Administration of the estate of the Deceased was granted to the 1st Defendant despite the objections of the Plaintiff.

[2] The Deceased's estate's main asset was his credit balance with KWSP which at the time this Suit was instituted was in the region of RM64,602.60 but has grown to