An administrator can apply for sale and distribution of a deceased's estate property without prior registration or administration of a deceased beneficiary's estate, as rights transfer upon death under intestacy laws.

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 plaintiff, the will was declared null and void by the High Court in March 2018.

[4] In May 2019, by virtue of s 8 of the Small Estates (Distribution) Act 1955 ("Small Estates (Distribution) Act"), the plaintiff petitioned ("the Petition") for an order in relation to the interest of the late Maheswary.

[5] In May 2021, after hearing the Petition, the Land Administrator ruled that the late Maheswary had no interest in the Estate Property, and, therefore, dismissed the Petition. It was crucial to note that at this hearing, none of the defendants were present.

[6] In July 2021, this Application was filed, which was allowed in principle for the following reasons.

Contentions, Evaluation, And Findings

[7] Although several averments were made during the hearing of this Application, in the final analysis, the gist of the defendants' resistance to this Application was premised on two grounds, namely that the estate of Maheswary had yet to be administered, and secondly, that the Estate Property had not been registered and vested in the name of the plaintiff as administrator pursuant to s 346 of the National Land Code (" ").

Whether The Estate Of Maheswary Had To Be Administered First?

[8] On the first issue, the defendants contended that Maheswary's interest in the Estate Property had still not been administered and distributed pursuant to the Probate and Administration Act 1959 ("the Probate and Administration Act"), and the Distribution Act 1958 ("Distribution Act"); and since Maheswary had died before the Estate Property was administered and distributed, this Application was, therefore, misconceived and unsustainable.

[9] I was unable to accept the contention of the defendants as pursuant to s 6 of the Distribution Act, Maheswary's shares in the Estate Property had devolved to Chelliah's estate. The provision reads:

Section 6 - Succession to intestate estates

(1) After the commencement of this Act, if any person shall die intestate as to any property to which he is beneficially entitled for an interest which does not cease on his death, such property or the proceeds thereof after payment thereout of the expenses of due administration shall, subject to the provisions of s 4, be distributed in the manner or be held on the trusts mentioned in this section, namely:

.....

(c) if an intestate dies leaving issue but no spouse and no parent or parents, the surviving issue shall be entitled to the whole of the estate;

[Emphasis Added]