Harmindar Singh JC

THE CLAIM

[1]One Madam Maheswary w/o Navaratnarajah (‘Madam Maheswary’) died on 26 January 1995. She was 79 years old. She had outlived her two unmarried daughters Navasakthi d/o Navaratnarajah (‘Navasakthi’) who died on 19 June 1993 and Ariasakthi d/o Navaratnarajah (‘Ariasakthi’) who passed away on 11 March 1994. Apparently, the only person left in the family in Malaysia upon the death of Madam Maheswary was the plaintiff. He claimed that he was her adopted son by custom since the time he was eight years old in 1960. He considered Madam Maheswary as his mother and her two daughters as his sisters. Madam Maheswary, her two daughters and the plaintiff lived on the premises known as No 2, Lorong Halia, Jalan Kelang Lama, Batu 3, Kuala Lumpur (‘the property’).

[2]Now this property was registered in the name of Ariasakthi who had died intestate. Since she was unmarried, her estate devolved in law to her mother Madam Maheswary. The plaintiff claimed that it was the wish and intent of Madam Maheswary that the said property should belong to him upon her death.

[3]However, without notice to the plaintiff, the defendant purported to apply for and indeed obtained letters of a