JUDGMENT

John Lee Kien How @ Mohd Johan Lee J:

(After Trial)

Introduction

[1] This case concerns a dispute over property ownership, where the Plaintiff seeks to enforce an unfulfilled 1985 trust agreement for the return of a property currently held by the Defendant.

Brief Facts Of The Case

[2] The original Plaintiff was Ali Bin Awang ("Ali"), whose daughter, Hallifni Binti Ali, later took over as Plaintiff after Ali's death. The Defendant is being sued in her personal capacity and as the representative, administrator, and heir of her deceased husband, Mohd Nordin Bin Shuib ("Mohd Nordin"), as well as the trustee for their minor son, Muhammad Amir Haziq Bin Mohd Nordin.

[3] The case concerns a specific property identified as GM 655, Lot 445, Bandar Pendang (formerly H.S.(M) 24/1982, Plot 20, Mukim Padang Pusing), Daerah Pendang, Kedah, which includes a single-story terraced house at No 20, Taman Sri Seberang thereon ("the Property").

[4] In 1985, Ali sold the Property to Mohd Nordin for RM85,000.00 through a Sale and Purchase Agreement dated 21 May 1985 ("the S&P"). This transaction was reportedly done in order to help Mohd Nordin, who had financial difficulties, obtaining a housing loan by mortgaging the property to the Perbendaharaan Negara (the "National Treasury").

[5] Following the sale, a Trust Agreement dated 27 November 1985 was signed between Ali and Mohd Nordin ("the Trust Agreement") which stipulated that Mohd Nordin would hold the Property in trust for Ali and re-transfer it to Ali upon request, once the mortgage with the National Treasury was settled.

[6] The mortgage was settled around December 2010. However, Mohd Nordin failed to re-transfer the Property to Ali before his death on 31 March 2018.

[7] The Defendant, being Mohd Nordin's heir, then applied for a Probate Distribution Order (Borang E) on 5 November 2018, registering herself and her minor son as the new owners of the Property, without acknowledging the Trust Agreement.

[8] Ali was not informed of Mohd Nordin's death and only became aware of the situation after receiving a Notice of Vacant Possession from the Defendant in 2020.

[9] Consequently, the Plaintiff filed this lawsuit to compel the Defendant to transfer the Property back to him.

[10] In the Statement of Claims, the Plaintiff prayed for, among others:

a) The Defendant, as the legal heir and representative of the deceased Mohd Nordin Bin Shuib, must fulfil the terms and conditions of the Trust Agreement dated 27 November 1985 to ensure that the Plaintiff is registered as the owner of the Property;

b) The Probate Distribution Order (Borang E) dated 5 November 2018 (Case No.: JKPTG/PK/02/11/0154/2018) for the Property must be cancelled;

c) The Registrar's Caveat (Borang HH) on the Property must also be cancelled;

d) A further hearing for the distribution of the estate (Borang P) for Mohd Nordin must be initiated and registered by the Defendant within twenty-one (21) days from the date of judgment with the Kedah Land and Mines Office, which should include the plaintiff as an interested party in the Property to be deliberated, and the plaintiff's name should be placed as the owner in the new Probate Distribution Order, thus registering the plaintiff as the new registered owner at the relevant Land Office;

e) Alternatively, the Defendant, as the representative and/or legal heir of the deceased Mohd Nordin Bin Shuib, must execute and/or carry out the trust held under the Trust Agreement dated 27 November 1985 (read together with the Agreement dated 21 May 1985) to transfer and subsequently register a new title for the Property (H.S.(M)24/1982, Plot 20, Mukim Padang Pusing, Daerah Pendang, Kedah, including a single-storey terrace house) in the plaintiff's name as the new registered owner.

The Plaintiff's Case

[11] The Plaintiff's submission focuses on establishing the validity and enforceability of the Trust Agreement concerning the Property, arguing that the defendant, as the heir, is obligated to transfer the Property to