JIGARLAL KANTILAL DOSHI vs AMANAH RAYA BHD - 2011 MarsdenLR 3794 ; 2011 MarsdenLR 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 MarsdenLR 3794 ; 2011 MarsdenLR 1

ARIFIN ZAKARIA, ZULKEFLI MAKINUDIN, ABDULL HAMID EMBONG
JIGARLAL KANTILAL DOSHI – Appellant
Versus
AMANAH RAYA BHD – Respondent

Table of Content
1. chronology of estate administration and disputes. (Para 1)
2. details of legal proceedings related to estate management. (Para 2 , 3 , 4 , 5 , 6 , 8 , 10 , 12 , 18 , 26)
3. arguments on validity of probate grant and implications. (Para 7 , 9 , 11 , 13 , 15 , 17 , 19 , 21 , 23 , 25)
4. court findings on effects of caveat and grant mistakes. (Para 14 , 16 , 20 , 22 , 24)
5. court analysis on the implications of existing caveats on probate grants. (Para 27)

JUDGMENT

Abdull Hamid Embong FCJ:

(1) The background to this appeal is best understood by the following chronology of events which spanned over 20 years:

01.07.1991 Kantilal Prabhulal Doshi ("the deceased") died leaving a will in which his wife, Damayanti Kantilal Doshi, and his youngest son, Jogesh Kantilal Doshi (Jogesh) were named as executrix and executor respectively of the deceaseds estate. (In this judgment we will refer to them as the then executrix and executor)

17.08.1991 The then executrix and executor then instituted Johor Bahru High Court Suit No. 22-195-1991 ("Suit No. 195") against the appellant, his wife and Overseas Industries Sdn Bhd (a company which was formed by the deceased in 1969) for inter alia

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2011 MarsdenLR 3794 ; 2011 MarsdenLR 1

ARIFIN ZAKARIA, ZULKEFLI MAKINUDIN, ABDULL HAMID EMBONGJIGARLAL KANTILAL DOSHI – AppellantVersusAMANAH RAYA BHD – Respondent

Cases Referred (1)

ARIFIN ZAKARIA, ZULKEFLI MAKINUDIN, ABDULL HAMID EMBONG
JIGARLAL KANTILAL DOSHI – Appellant
Versus
AMANAH RAYA BHD – Respondent