Anuar Zainal Abidin CJ (Malaya):

The brief facts are that on 29 August 1982, one Nadarajah (hereinafter referred to as 'the deceased'), a wealthy bachelor and a non-practicing lawyer, died unexpectedly. The deceased was survived by his natural and lawful mother, brother (hereinafter referred to as 'the defendant') and two sisters. As no will was found, it was believed by all concerned that the deceased died intestate. If this be so, then pursuant to s. 6(1)(iv) of the Distribution Act 1958 , the deceased's mother, Datin Sellayee Ammal w/o Dato' Sithambaram Pillai (hereinafter referred to as the 'mother') would be the sole beneficiary to the estate of the deceased. However, shortly after, i.e. on 1 October 1982, the mother too died in India. But the mother died testate naming her grandson, the plaintiff (who is the nephew of the deceased and defendant), as the sole beneficiary and executor of her will.

Acting on the will of the mother, the plaintiff through his attorney, applied to the High Court at Kuala Lumpur and obtained a grant for letters of administration for the estate of the deceased. A will, alleged to be that of the deceased, surfaced in suspicious circumstances