The court emphasized that beneficiaries lack locus standi in property disputes without letters of administration unless special circumstances exist, reaffirming the state authority's primacy in land matters.

JUDGMENT

Nordin Hassan JCA:

[1] There are two appeals in the present case arising from the High Court's decision in allowing the respondent's Originating Summons No: BA-24NCVC-593-07-2020 for amongst others, the following reliefs:

(i) an order that the transfer of ½ undivided share in a parcel of land known as HS(D) 137017, Lot 1294, PT 70831, Bandar Kajang, Daerah Hulu Langat Selangor ("the land") to Ho Yoke Kheng is unlawful without the knowledge of the respondent;

(ii) that Ho Yoke Kheng surrender the title of the land to the Pentadbir Tanah Daerah Hulu Langat;

(iii) that the Pentadbir Tanah Daerah Hulu Langat cancel the memorial on the title in respect of the ½ undivided share of the land and register the same in the respondent's name.

[2] Parties will be referred to in this judgment as they were in the High Court which was as follows:

(i) Philip Liau Sook Fock, the plaintiff;

(ii) Tan Yoke Kheong, the 1st Defendant;

(iii) Tan Yoke Kwee, the 2nd Defendant;

(iv) Tan Kim Lian, the 3rd defendant;

(v) Ho Yoke Keng, the 4th defendant;

(vi) Pentadbir Tanah Daerah Hulu Langat, the 5th defendant;

(vii) Pendaftar Hakmilik Negeri Selangor, the 6th Defendant.

[3] Appeal No: B-01(NCVC)(A)-10-01-2021 is the appeal filed by the 4th defendant whilst Appeal No: B-01(NCVC)(A)-19-01-2021 is the appeal filed by the 1st, 2nd and 3rd defendants.

The Background Facts

[4] The land, known as HS(D) 137017, Lot 1294, PT 70831, Bandar Kajang, Daerah Hulu Langat Selangor is the subject matter of the dispute by the parties in the present case.

[5] On 21 July 1976, the land was alienated to Yap Chin Moy, the mother of the plaintiff, and Wan Hang Moi @ Woon Hen Moy the mother of 1st, 2nd and 3rd defendants with ½ undivided share each. The land was for a lease period of 30 years. The lease ended on 18 July 1985.

[6] On 14 July 2006, Wan Hang Moi applied to the State Authority for a new lease of the land and was granted on 6 February 2008 with a period of lease of 60 years from 5 January 209 until 4 January 2069. The lease granted to Wan Hang Moy was for the whole land. Yap Chin Moy was not named as ½ shareholder of the land.

[7] On 10 July 2007, Wan Hang Moi passed away and the land was then registered under the name of the 1st, 2nd, 3rd defendants as the Administrator of the deceased estate until the ownership of the land was transferred to them on 21 March 2011.

[8] On 19 October 2010, Yap Chin Moy, plaintiff's mother passed away.

[9] On 23 March 2012, plaintiff filed an Originating Summon at the Shah Alam High Court to be granted half ownership of the land and to set aside the granting of the lease of the land to the 1st, 2nd and 3rd defendants. The Originating Summons was dismissed but on appeal, the Court of Appeal on 23 April 2014 allowed the plaintiff's appeal and ordered the lease of the land to the 1st, 2nd and 3rd defendants be set aside and the 5th defendant to consider the application for renewal of the lease by plaintiff, and 1st, 2nd and 3rd defendants. The Court of Appeal's Order is as follows:

(a) Rayuan dibenarkan dengan mengenepikan pemberian pajakan kepada Responden Pertama, Kedua dan Ketiga.

(b) Responden Keempat mempertimbangkan permohonan pembaharuan pajakan oleh Perayu dan permohonan Responden Pertama, Kedua dan Ketiga.

[Emphasis Added]

[10] "Responden Pertama, Kedua dan Ketiga" in the Court of Appeal's Order are the 1st, 2nd and 3rd defendants, whilst "Responden Keempat" is the 5th defendant in the present case.

[11] Subsequent to the Court of Appeal decision, plaintiff, the 1st, 2nd and 3rd defendants filed an application to the 5th defendant for the surrender and realienation of the land.

[12] By letter dated 7 January 2016, the 5th defendant informed the plaintiff, 1st, 2nd and 3rd defendants that their application has been approved and thereafter, issued a notice under Form 5A dated 17 February 2016, for them, to pay the premium and other charges in the sum of RM42,177.10.

[13] Next, on 28 March 2016, a meeting was held between the representative of the