Mahkamah arah jual banglo 3 beradik selepas 15 tahun bersengketa

Mahkamah Tinggi Kuala Lumpur has ruled that a house sale via a court order is necessary to resolve property disputes among three siblings in Lorong Raja Uda 1, near Jalan Raja Muda Abdul Aziz in Kuala Lumpur. The High Court ordered the sale of a house, owned beneficially by three siblings who are also medical specialists, after finding that their relationship is broken and cannot be repaired more than 15 years after their case was filed.

Assistant Public Prosecutor Arziah Apandi stated that the court sale is needed to resolve the property-related quarrel in Lorong Raja Uda 1. The house was registered under the name of the eldest brother, Aziz Al-Akbar Noor, as two of his younger sisters were minors when their father bought it in 1978. However, the court found that Aziz holds one-third beneficial share, while the remaining two-thirds are held as trustees for both younger sisters equally.

Sister Jelinar Noor has been exclusively occupying the house since 2001 without paying rent to her siblings. Arziah said there is no realistic possibility for the three siblings to cooperate regarding the property in question. The court found that Aziz, as the plaintiff, has effectively renounced any benefit from one-third of his share after moving out in 1990 and not returning to the property since 2007.

"Without a court sale, the plaintiff will remain as the sole owner of one-third and an indefinite trustee, without a practical means to realize his interest," the judge said. Arziah also rejected Jelinar's claim that Aziz is only a powerless trustee who cannot sell the property. She said the lack of independent selling power for Aziz does not prevent the court from using its discretion under the Trusteeship Act 1949, the High Court Act 1964, and the Court Procedures Act 2012.

"The limited powers of a powerless trustee form the basis for the operation of Section 59 of the Trusteeship Act 1949," the judge said. Arziah said Aziz and his younger brother Shamsinar had previously offered to sell their respective shares to Jelinar, but she did not respond. The court sale will not deprive Jelinar of her rights since she will receive one-third of the net sale proceeds.

The judge also stated that the younger brother's share must be sufficient to cover medical expenses and purchase other property. He added that given the age of the three siblings, failing to resolve the dispute could cause further complications if any of them die, including issues related to inheritance. The court ordered the property to be sold within 12 months at a minimum price of 90% of the current market value.

Jelinar was also ordered to vacate the property within 60 days. The net sale proceeds after deducting sale costs must be divided equally among the three siblings. Arziah stated that any outstanding rent claims still within the time limit can be brought forward for assessment or investigation. Ivanpal Grewal represented Abdul Aziz, while L Prakash represented Jelinar and Ahmad Shahrizal Abdul Aziz represented Shamsinar.