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 February 1997 when the plaintiff was 12 years old. The Deceased passed away on 15 August 2018 at 11.10am at Hospital Kuala Lumpur.

(b) Between 2010 and 2015, the Deceased had lodged five police reports against the 1st defendant dated 29 November 2010, 24 July 2012, 30 August 2012, 14 April 2014, and 14 July 2015. These police reports detailed domestic violence and the 1st defendant's persistent attempts to force the Deceased to sign documents to transfer the Damansara Property to him.

(c) On 23 June 2018, the Deceased was admitted to Hospital Kuala Lumpur and remained hospitalized continuously until 28 July 2018. During this hospitalization, she was diagnosed with meningoencephalitis, Grade II sacral sore (bedsores), ESBL Klebsiella urinary tract infection, and vascular dementia with BPSD. The Deceased was bedridden and required full nursing care.

(d) The 1st defendant produced a Power of Attorney purportedly dated and executed on 11 July 2018, while the Deceased was hospitalized. This Power of Attorney was registered at the Kuala Lumpur High Court under Registration No: WA-SKW-32-08/2018 on 15 August 2018 at 2.19pm, approximately three hours after the Deceased's demise at 11.10am on the same day.

(e) Using this Power of Attorney, the 1st defendant proceeded to transfer the Deceased's ½ share in the Damansara Property to himself on 11 January 2019 at 10.17am.

[6] The plaintiff contends that:

(i) The signature of the Deceased on the Power of Attorney was forged by the 1st defendant

(ii) The Deceased never left Hospital Kuala Lumpur on 11 July 2018

(iii) The Deceased lacked the physical and mental capacity to execute any document on 11 July 2018

(iv) The Power of Attorney is invalid and defective

(v) The transfer of the property was fraudulent pursuant to s 340(2)(b) of the National Land Code 1965

The Defence

[7] The 1st defendant's defence, in brief, is as follows:

(a) The 1st defendant asserts that the signature on the Power of Attorney was genuinely signed by the Deceased in front of Commissioner of Oaths, Samugam Vassoo. He claims that on 11 July 2018, he took the Deceased out of the hospital in a wheelchair, brought her to a restaurant in Bangsar, where she signed the Power of Attorney before the Commissioner of Oaths.

(b) The 1st defendant contends that the Power of Attorney was valid and irrevocable as it was given for valuable consideration, namely love and affection between husband and wife.

(c) The 1st defendant further pleads that the plaintiff and the 1st defendant had entered into a Settlement Agreement in the probate proceedings (BA-31NCvC-900-12/2018) whereby the Damansara Property was to be excluded from the list of assets of the Deceased's estate, and therefore the plaintiff is estopped from bringing this claim.

(d) The 1st defendant denies forging the D