Noor Azian Shaari J:

[1] The plaintiff ("P"), Azim bin Tan Sri Abdul Aziz is suing the defendant ("D"), Aziah binti Tan Sri Abdul Aziz for the following reliefs:

(a) a declaration that the D is holding the properties known as 64, Jalan Setiabakti 9, Bukit Damansara, 50490 Kuala Lumpur and 34, Jalan SS 3/88, 47300 Petaling Jaya, Selangor as trustee for Tan Sri Abdul Aziz bin Zakaria (Deceased) hereinafter referred to as "the Deceased";

(b) the D is to release and hand over the titles to the said properties to the Deceased's estate within 30 days of the Court order and in the event the D fails to comply with such order, an order that Pejabat Tanah register the transfer; and

(c) cost.

[2] The brief facts of the case is that the P and the D are brother and sister and are two of the beneficiaries of the deceased's estate. The P is the administrator of the estate by virtue of a grant of Letters of Administrator dated 14 May 1996. The deceased died on 28 June 1993.

[3] At the time of the deceased's death, the two pieces of properties were held in the D's name. The D had in a hand written letter dated 15 February 1992 stated as follows:

SURAT PERSETUJUAN

Saya Aziah binti Tan Sri A