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2018 MarsdenLR 74

COURT OF APPEAL PUTRAJAYA
GURMIT SINGH LAL SINGH – Appellant
Versus
SARJIT SINGH LAL SINGH & ANOR – Respondent


Petitioner Advocates:Jadadish Chandra ,Respondent Advocate: Dinesh Praveen Nair,Jaqdesh Singh Johal

Table of Content
1. background of property ownership and administration. (Para 1 , 2 , 3)
2. claims of beneficiaries regarding property shares. (Para 5 , 6 , 9)
3. respondents' defense of property ownership and timeline. (Para 10 , 11 , 12 , 13)
4. court's reasoning on intestacy and asset administration. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20)
JUDGMENT

Stephen Chung Hian Guan JCA:

Background Facts

[1] Lal Singh A/L Ganga Singh was the registered owner of a property described as Geran No 45832, Lot No 24727, Mukim Stapak, Daerah Kuala Lumpur (property). He died on 27 January 1996 leaving his spouse Pritam Kaur A/P Lashman Singh and his children namely the Appellant and the two Respondents and two other children. The Appellant contended that his mother was entitled to one-third (1/3) share and the Appellant and the Respondents were entitled to two- thirds (2/3) shares in the property. Their mother Pritam Kaur died on 26 March 1999.

[2] In 2015 the Appellant filed an Originating Summons (OS) (Encl 1) pursuant to the Probate and Administration Act 1959 that Letters of Administration to the Estate of Pritam Kaur A/P Lashman Singh (deceased) be granted to the Appellant as the lawful son and hei

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