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2025 MarsdenLR 4614

HIGH COURT MALAYA KUALA LUMPUR
JOSHUA NARENDRAN KULWAT – Appellant
Versus
DEVA RAJ SUNDRAM & ORS – Respondent


Petitioner Advocates:Vijay Edward ,Respondent Advocate: R Thayakugan,Leong Zheng Yang

JUDGMENT

Roz Mawar Rozain J:

[1] This is a claim by the plaintiff, in his capacity as Administrator of the Estate of his late mother, Rachel Alcantara a/p Peter Alcantara (the Deceased), against the 1st defendant, who was the Deceased's husband and the plaintiff's stepfather.

[2] The plaintiff's case centers on allegations that the 1st defendant fraudulently forged the signature of the Deceased on a Power of Attorney dated 11 July 2018 and subsequently used that Power of Attorney to transfer the Deceased's ½ share in the property known as 44, Lorong Setiajasa 1, Bukit Damansara, 50490 Kuala Lumpur, Grant No 23188, Lot 48810, Mukim Kuala Lumpur (the Damansara Property) to himself.

[3] On 15 July 2022 this Court allowed the 4th Defendant's application to strike out the plaintiff's suit against it. So, the 4th Defendant is no longer a part of this proceeding.

[4] Throughout the trial, the plaintiff did not adduce any claims and evidence against the 2nd and the 3rd defendants. Therefore, there is no determination against them.

The Plaintiff's Case

[5] The plaintiff's case, as pleaded and adduced in evidence, may be summarized as follows:

(a) The Deceased married the 1st defendant on 22 Febru


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