Indefeasible title under the National Land Code prevails over allegations of fraud, requiring substantial proof for claims against registered ownership.

JUDGMENT

Muniandy Kannyappan JC:

Preface

[1] Mantle of dispute in this case pertains land which was allowed to be developed by the Federal Land Development Authority (Felda) to the father of both plaintiff and defendant, one Nadarajan s/o Ramiah (now deceased) in the year 1964. For all intents and purposes, the land belongs to the State Authority. (See exhibit P1).

[2] On his demise, his wife, mother of both plaintiff and defendant took possession of the said land. Much later, title to the land comprising two plots, Lot 3635 of Mukim Hulu Ijok, Felda Ijok, Selama, Perak and Lot 4157 of Mukim Selama, Felda Ijok, Selama, Perak, was granted in her name. (See exhibit D1 and D2). Thus, the State Authority has deemed it fit to part ownership of the plots of land to Madam Sinnamah a/p Kuppasamy. In the course of this judgment, reference to the two plots of land is referred to as land.

[3] During her lifetime, in the year 1993 she had bequeathed the two plots of land to defendant vide conveyance of transfer under s 215 of the National Land Code ( NLC ; Act 828). The transfer is effected by an instrument in Form 14A in . (See exhibit D3). Subsequently, she passed away in the year 2007.

[4] Erstwhile, as it is commonly referred to as Felda land, proceeds arising from venture (used interchangeably or together with cultivation/develop) of oil palm on the said land was meant for the family. It was regarded as income for the entire Nadarajan family.

[5] Historically, the land was allowed to be developed in the name of their father, followed by mother. As such, the plaintiff claims his mother was only a bare trustee of the said land and she had no right whatsoever to transfer its title to the defendant.

[6] Affairs turned awry, when proceeds from venture on the said land by cultivation and harvest of oil palm, were not shared by defendant with rest of his family members, including plaintiff. The sharing of proceeds had taken place only once vide payment of an amount of RM7500, but none thereafter. Allegedly, he took all proceeds of venture for himself. This turned out as bane to the familial relationship amongst Nadarajan family members, thus leading to sibling rivalry.

Claim By Plaintiff

[7] Dissatisfied, the plaintiff brought the present action in court to have the bequest by their mother revoked and for ownership of said land to be transferred to him instead. Further he also states his claim in the proceeds from venture on the land. Essentially, he is seeking for declaratory relief as well as claim for damages.

[8] Defendant resisted the claim, contending the two plots of land were bequeathed to him by his mother when she was alive, attributing it to natural love and affection.

[9] Plaintiff on the other hand contends that bequest would not have taken place willingly by their mother, as she had in her lifetime wished for the Felda land which was initially developed by her husband to remain as family property for monetary benefit of the family as a whole, including plaintiff and defendant.

[10] The defendant iterates his mother made the bequest wilfully. He maintains proceeds from cultivation of the land were shared with his siblings, including plaintiff.

[11] The family debacle has now metamorphosed into a contested claim in this court by plaintiff for return of the said land to himself and proceeds from venture on the land be shared amongst all members of the Nadarajan family, including the defendant.

Proof Available

[12] Pivotal to the case is plaintiff's entitlement to the claim. Our NLC is premised on Torrens system, which consist two bedrock principles. The first is mirror principle, whereupon on alienation, the State Authority issues two identical copies of document of title, ie the Register Document of Title (RDT) and Issue Document of Title (IDT). The IDT is issued to the registered owner of the land and RDT kept at the appropriate Land Office. The RDT mirrors IDT revealing all particulars required by a person who intends to deal with th