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2025 MarsdenLR 5812
TEE AH SING, J
CHIENG SOH GEOK & ORS – Plaintiff
Versus
CHIENG SING HUAT – Defendant
For the Appellants/Petitioners: [Not specified]
For the Respondents: [Not specified]
Co-beneficiaries cannot initiate litigation regarding estate distribution without first obtaining letters of administration, as established by the relevant statutes.
Headnote:(A) Administration of Estates Ordinance (Cap 80) - Distribution Act 1958 - High Court's jurisdiction regarding the probate and administration of estates. - The plaintiffs, as co-beneficiaries of an intestate estate, sought equal distribution, but the defendant wrongfully claimed sole entitlement. - The court found the action premature as no letters of administration were sought from the proper probate officer before litigation. - "The statement of claim discloses no reasonable cause of action." - The plaintiffs' request to declare rights under the estate was struck out. (Paras 1-17)
TEE AH SING J:
On 9 September 1998, Chieng Soh Geok (‘the first plaintiff’), Chieng Soh Eng (‘the second plaintiff’), Chieng Soh Hua (‘the third plaintiff’), Chieng Soh Choo (‘the fourth plaintiff’), Chieng Soh Hee (‘thefifth plaintiff’), Chieng Soh Hie (‘the sixth plaintiff’), Chieng Suk Mui (‘the seventh plaintiff’) and Chieng Sing Ming (‘the eighth plaintiff’) (collectively referred to as ‘the plaintiffs’) filed a civil suit againstChieng Sing Huat (‘the defendant’).
The relevant parts of the statement of claim reads as follows:
(1) At all material times the plaintiffs are and were the surviving eldest son and daughters,heirs and beneficiaries of the estate of Chew Geok King (deceased) (hereinafter referred to as the ‘deceased’) who passed away intestate on 31 May 1992.
(2) The defendant is and was at all material times the surviving younger son,heir and beneficiary of the estate of the deceased and the brother of the plaintiffs.
(3) At the time of death of the deceased, the plaintiffs and defendant had attained the age of majority and entitled to take under the estate.
(4) At all material times the deceased owned the following properties (‘the estate’).
Particulars
(a) One-half (1/2) undivided righttitle share and interest in that parcel of land together with a four (4) storey shophouse thereon known as No 72, Jalan Kampong Nyabor and appurtenances thereof and described as Lot 167 Block 5 Sibu Town District.
(b) Savings Account in severalBank as follows:
| A/C No | Banks | Amount | |
| (i) | No 218237606 | The Chartered Bank | RM 140.45 |
| (ii) | No 22-082- 12019-0 | Hock Hua Finance Corporation Bhd (formerly known as Hock Thai Finance Corporation Bhd) | RM 39,863.30 |
| (iii) | No 019-50- 09580-3 | Hong Leong Bank Berhad | RM 8,767.43 |
(c) Fixed deposit in several Finance or Institutions as follows:
(5) Pursuant to the provisions of the Distribution Act (Revised)both the plaintiffs and defendant are entitled to equal shares under the estate.
| A/C No | Finance Institutions | Amount | |
| (i) | No 04-0904- 010541-8 | MBf Finance Bhd (placement No 16- 0904-031752-5) | RM19,177.89 as from 26.6.1998 |
| (ii) | 002539/9 | Delta Finance Bhd (Receipt No 271171) | RM9,003.87 as from 18.2.1998 |
| (iii) | 002539/9 | Delta Finance Bhd (Receipt No 271172) | RM16,166.89 as from 3.3.1998 |
| (iv) | 002539/9 | Delta Finance Bhd (Receipt No 297143) | RM17,332.91 as from 27.6.1998 |
| (v) | 002539/9 | Delta Finance Bhd (Receipt No 297142) | RM19,239.37 as from 10.7.1998 |
| (vi) | F/005/002861/1 | Chew Geok Lin Finance Bhd (Cert No 980031) | RM 9,527.24 as from 30.3.1998 |
| (vii) | F/005/002861/1 | Chew Geok Lin Finance Bhd (Cert No 980032) | RM24,102.60 as from 4.1.1998 |
(6) However, the defendant unreasonably and wrongfully wanted the estate's half undivided share in the shophouse to be transferred to him as the sole beneficiaryof the estate to the exclusion of the plaintiffs who are also the rightful beneficiaries under the estate entitled to share in the shophouse.
(7) The plaintiffs say that it is for this reason that the plaintiffs and the defendant as the beneficiariesof the estate could not agree and to this date formal applications for the letters of administration of the estate has not been applied for.
(8) Further, the plaintiffs say that the defendant since the death of the deceased has been wrongfullycollecting the estate's shares of the rental from the shophouse for his own use and has refused to give an account and/or pay to the plaintiffs their rightful shares.
Particulars
…
(9) The plaintiffs say that by the conduct and actions of the defendant, the plaintiffs have suffered losses and damages and the defendant had deprived the plaintiffs’ rights as lawful co-beneficiaries ofthe said estate.
(10) The plaintiffs therefore claims against the defendant as follows:
(a) A declaration that the plaintiffs and defendant were and are the rightful issues, heirs and beneficiaries of the estateof the deceased and are entitled to take in equal shares under the estate of the deceased.
(b) A declaration that the plaintiffs and defendant as the rightful issues, heirs and beneficiaries of the estate of the deceased s
