JUDGMENT

Ravinthran Paramaguru JC:

Introduction

[1] In this suit the plaintiffs are seeking a declaration from the court that they have a share in the estate of their late great grandfather, Hj. Usop bin Said @ Usup bin Sait (Hj. Usup), who passed away in 1965. They are also asking for an order that their names be included in a proposed memorandum of transfer with an unspecified undivided share in the land. The sole asset of the estate of Hj. Usup is a piece of land described as Lot 117, Block 8 Salak District. The current registered proprietor of the land is the defendant. He is also their second cousin. All parties are Muslims. The issues that have arisen are in respect of administration and division of the estate of a deceased Muslim which are governed by both Civil and Syariah Laws.

Summary Of Facts And Events

[2] Hj. Usup was the original the owner of Lot 117 Block 8 Salak District which is the bone of contention in this case. According to the defendant's witnesses he owned two pieces of land, ie, Lot 117 and Lot 133. He died intestate in 1965. He was survived by eight of his children and many grandchildren and great grandchildren according to the family tree which is not disputed