Suffian CJ:

[1] The main question in this appeal is whether the plaintiff (respondent before us) has proved that an undivided half share in Lot No 396 in Pasir Mas and bearing Grant No 5050 is held by the registered proprietress, his sister the defendant (appellant before us), in trust for him, as was found by the learned trial judge.

[2] The undisputed facts are as follows. The land in question originally belonged to Wan Ibrahim bin Haji Wan Sulaiman. Some time before 7 April 1956, he sold it to Haji Wan Abdullah, the parties' father now deceased. On that day Wan Ibrahim transferred it not to the purchaser but to the purchaser's brother-in-law, one Ahmad bin Haji Awang. At that time the purchaser's daughter (the defendant) was already married, but his son (the plaintiff) was still an infant. On 9 June 1957, Ahmad bin Haji Awang transferred the whole land to the defendant.

[3] In 1960 the deceased built on the land a shophouse which was completed early in 1961. The deceased occupied the shophouse for about four months, and then he leased it to the United Malayan Banking Corporation. Some time in 1968 the deceased died. The land had never at any time been registered in his name and at the time of his death it was registered in his daughter's name.

[4] The plaintiff claims that his sister held an undivided half share in the land including the portion occupied by the shophouse in trust for him.

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"need not be in writing.... They must be clear, unequivocal and irrevocable, but it is not necessary to use any technical words, it is not necessary to say, 'I hold the property in trust for you,' nor is it necessary to say, 'I hold the same for your separate use.' Any words that the donor means, at the time he speaks, to divest himself of all beneficial interest in the property are, in my opinion, sufficient for the purpose of creating the trust. I think that it is also sufficient for the purpose of shewing that the trust has been created, if he afterwards states that he has so created the trust, though there was no witness except the donee present at the time the trust was created." (p 777.)

[7] The Master of the Rolls was speaking of a declaration of trust in respect of chattels, which may be created by parole, but as a trust in respect of land may be created in Kelantan also by parole (the English Statute of Frauds does not apply), we are of the opinion that the principle above stated is applicable to this case.

[8] Now what is the evidence here that the deceased intended to create a trust in respect of an undividual half share in the land in favour of his son, the plaintiff?

[9] Wan Yaacob (PW3) is the vendor's brother. He said that he was present when the deceased was negotiating to buy the land in 1956 and that when the deceased told him that he wanted to give the plaintiff a half share in the land.

[10] Then there is Exhibit A. That is a document executed on 1 January 1961. It speaks for the defendant as follows:

"I [the defendant] agree to renounce ½ share of said land which is not subdivided including a shophouse thereon in favour of my brother [the plaintiff], ... in consideration of my love and affection towards him, without consideration of any payment.

I shall make formal transfer of said land including a shophouse thereon in favour of my said brother ... upon approval [presumably of subdivision] by the Government."

[11] It was signed by the defendant. It was also signed by the plaintiff above these words:

"And I ... agree to accept the above renunciation."

[12] Not only that, the document was also s