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2022 MarsdenLR 1491

HIGH COURT MALAYA KUALA LUMPUR
SELVARANY CHELLIAH – Appellant
Versus
SELVARAJAN CHELLIAH & ORS – Respondent


Petitioner Advocates:V Kumaresan ,Respondent Advocate: Ashok Kandiah

JUDGMENT

Evrol Mariette Peters J:

Introduction

[1] This was the plaintiff's application for, inter alia, the distribution of the estate of one Chelliah a/l Vallipuram, leave to dispose of or to sell the estate property, proceeds of the sale to be distributed amongst the beneficiaries, and for the shares of the beneficiaries in the estate property to be confirmed by the Court.

The Factual Background

[2] The plaintiff and the defendants are the children of one Chelliah a/l Vallipuram ("Chelliah") who had died intestate in March 1972. In 1976, Letters of Administration were granted to his wife, Maheswary and the plaintiff, to administer Chelliah's estate, which comprised only one landed property, ie a single-storey terrace house in Petaling Jaya, Selangor ("the Estate Property").

[3] Maheswary passed away in March 2014. Although she was in possession of the Letters of Administration, both she and the plaintiff had failed to complete the distribution of the Estate Property. After the death of Maheswary, the 2nd defendant had extracted a grant of probate dated 19 October 2016, based on a will purportedly executed on 10 April 2002 by the late Maheswary. However, upon an application by the plai

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