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COURT OF APPEAL PULAU PINANG
TM FEROZE KHAN & ORS – Appellant
Versus
MEERA HUSSAIN TM MOHAMED MYDIN – Respondent
Nik Hashim JCA:
Background
[1] The main agreed question in this appeal is whether the trust deed and the transfer both dated 2 February 1968 of a piece of land described as Lot 465, Sek. 11 - W Daerah Timur Laut, Georgetown, Pulau Pinang on which nine houses were erected (the property) by the deceased father to his son (the respondent) was null and void under Islamic law since possession of the property was never given to the respondent during the lifetime of the deceased father and the property was never vested in the name of the respondent during the lifetime of the deceased.
[2] On 24 May 2005 we ruled that the trust deed and the transfer of the property were valid and hence we dismissed the appeal with costs and ordered that the deposit be paid to the respondent to account of his taxed costs.
[3] The facts of the case were that the appellants and the respondent were the children of the deceased father by his marriage to the first and second wives respectively.
[4] On or about 2 February 1968, the deceased transferred the property to himself as trustee for the benefit of the respondent who was then only eight years old. The memorandum of transfer was registered at the Pulau
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