IN THE HIGH COURT OF MALAYA AT SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN, MALAYSIA

[CIVIL SUITS NO.: BA-24NCVC-1228-06/2024]

BETWEEN

1. KANNATHASAN RAMAN

(No. K/P: 820312-10-5885)

[Selaku Pentadbir dan juga Benefisiari Bagi Harta Pusaka dan Harta Benda RAMAN A/L SELLAN (Si Mati) Dan membuat tuntutan untuk benefisiari-benefisiari Di bawah Harta Pusaka dan Harta Benda Simati]

2. SIVAKAMI RAMAN

(No. K/P: 770116-10-5578)

3. RAJESWARY RAMAN

(No. K/P: 790710-10-5448)

4. RATHISMALA RAMAN

(No. K/P: 850506-56-5000)

... APPLICANT

AND

1. RAVICHANDREN RAMAN

(No. K/P: 660324-10-5209)

2. RAJENDERAN RAMAN

(No. K/P: 670718-10-5219)

3. ANBUMANI RAMAN

(No. K/P: 700226-10-5321)

4. KALAI ARASAN RAMAN

(No. K/P: 820505-14-5939)

... RESPONDENT

GROUNDS OF JUDGMENT

(enclosure 5 -Amended Originating Summons)

Introduction

[1] By way of the Amended Originating Summons in enclosure 5, the First Applicant is seeking for an order to sell the estate property of the late Raman A/L Sellan ("Deceased") to a third party.

[2] The Respondents opposes the application, alleging, inter alia, forgery, fraud and asserting priority to purchase the estate property on equitable grounds.

[3] After considering the affidavit evidence and submissions of both parties, this Court allowed enclosure 5 premised on the grounds set out below

Factual Background

[4] The Deceased, who was domiciled in Selangor Darul Ehsan, passed away intestate on 11 June 2010.

[5] Pursuant to Form F (Regulation 7(2)) and Form T (Regulation 12(3)) under the Small Estates (Distribution) Act 1955 in Estate Case No. JKPTG/PK/10/08/0090/2018 of 2019, both dated 7 December 2021, the First Applicant was appointed as the sole administrator of the Deceased's estate.

[6] At the time of death, the Deceased was survived by nine lawful children who are the beneficiaries of the Deceased's estate. The estate consists of immovable property, namely -

(a) The property held under H.S.(D) 244769, Lot No. PT 1213, Bandar Sunway, District of Petaling, State of Selangor Darul Ehsan, with the address No. 41, PJS 6/4A, Taman Lindungan, 46000 Petaling Jaya, Selangor Darul Ehsan ("Said House"); and

(b) The property held under H.S.(M) 869 (formerly known as H.S.(M) 436, Lot No. PT 272, Mukim Jugra, locality of Pulau Carey, District of Kuala Langat, State of Selangor Darul Ehsan ("Said Property").

First Applicant's case

[7] According to the First Applicant, as administrator, he attempted to negotiate with all beneficiaries regarding the distribution of the estate but was unable to secure unanimous agreement.

[8] In December 2023, the First Applicant received an offer through a real estate agent from a third-party purchaser to buy the Said Property for RM 100,000.00, being the then prevailing market value. The proposed purchaser paid a sum of RM 10,000.00 as earnest deposit to the solicitor appointed by the Applicants, demonstrating seriousness in proceeding with the purchase. A Sale and Purchase Agreement with the third party purchaser was executed. After execution of the Sale Purchase Agreement, the First Respondent made an offer to purchase the Said Property.

[9] Out of the nine beneficiaries, four ie the First, Second, Third and Fourth Applicants consented to the sale of the Said Property to the third party and filed their respective affidavit consenting to the sale of the Said Property. However, consent could not be obtained from the remaining beneficiaries, as four of them failed to provide any conclusive response. As a result, the First Applicant was unable to effectively discharge his duty as administrator to distribute the estate equally among all beneficiaries.

[10] Accordingly, the Applicants now seek an order of sale of the Said Property, with the proceeds of sale to be distributed in equal shares among the nine beneficiaries.

First Respondents' Case

[11] The First Respondent contends that the Applicants' proposed course of action is unfair, contrary to principles of inheritance law, and prejudicial to the interests of all beneficiaries. It is argued t