Court orders family bungalow sold after 15-year sibling dispute

A Malaysian High Court has ruled that a family bungalow must be sold after a 15-year sibling dispute shattered the relationship among three heirs. Judge Arziah Mohamed Apandi determined allowing the current arrangement to continue would leave one sibling unable to realize their property share, causing ongoing injustice. The court will divide the net proceeds equally among the siblings.

The bungalow, originally purchased for the equal benefit of 70-year-old Abdul Aziz Al-Akbar Mohamed Noor and his sisters Jelinar Mohamed Noor, 65, and Shamsinar Mohamed Noor, 59, will be sold within a year at the best available offer, provided it does not fall below 90% of its market value. Jelinar, who has been in exclusive occupation for about 25 years, will be required to vacate the property within 60 days.

Abdul Aziz, the eldest sibling who moved out in 1990 and has not returned since 2007, held one-third interest in the property and served as trustee for the other two siblings' two-thirds interest. Jelinar had been occupying the home for years without paying rent to either sibling. The court found Abdul Aziz effectively prevented from deriving any benefit from his one-third share.

Abdul Aziz sought a court order for the sale after unsuccessful attempts to resolve the dispute among the siblings. In June 2024, he offered both sisters RM4.356 million for his one-third share, based on a valuation of RM13.07 million. Jelinar also offered her share to her brother, but he did not accept either offer.

The case highlights the advanced ages of all three siblings, emphasizing the urgency to resolve the matter within the current generation.