Eldest brother wins 5-year court battle over family home

Eldest brother wins 5-year court battle over family home

SHAH ALAM: A man has successfully defended himself against a lawsuit by three of his younger siblings who accused him of fraudulently transferring their family home in Petaling Jaya to his name before their father died in 2017.

The High Court here ruled that the father had voluntarily transferred the property to his eldest son, S Selvakumar, 47, while he was still alive, and there was no evidence to suggest he did not understand the transaction.

Justice Khadijah Idris dismissed the suit on the balance of probabilities and ordered the plaintiffs – S Krishnan, 46, S Vijayan, 44, and S Mageswari, 40 – to pay RM30,000 in costs.

“The father made the transfer willingly, in the presence of a land officer, who confirmed the thumbprint (on the transfer document) was genuine,” she said.

The transfer was executed on Dec 21, 2016, and registered on March 22, 2017, just six months before the father’s death on Sept 18 that year.

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The plaintiffs filed the suit in 2020, claiming that their father had always said the house would be sold and the proceeds shared equally among the children.

They alleged that the transfer was made without their knowledge and accused Selvakumar of misleading their father, who was said to be ill at the time.

They also asked for the property to be divided equally or sold at market value, and for rental income to be shared.

Selvakumar, a driver, denied wrongdoing and claimed that their father had chosen to give him the house because he was the only child who had stayed to care for him after their mother’s death in 2015.

The family consists of four brothers and one sister. According to court filings, another brother had earlier received a separate property in Banting from the father through a lawyer.

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The disputed property, a corner-lot double-storey house in Taman Medan, Petaling Jaya, is believed to be worth about RM350,000 based on current market rates.

The plaintiffs testified on their own behalf but did not call expert witnesses.

Meanwhile, the defence called Selvakumar’s wife, the tenant of the house, and the land officer who handled the transfer as witnesses.

Khadijah found that the plaintiffs had failed to prove fraud or undue influence.

The plaintiffs were represented by Farhana Mat Haril, while the defendant was represented by A Prema, P Laviania, and R Prakash.