Mahkamah arah jual banglo 3 beradik selepas 15 tahun bersengketa

The High Court in Kuala Lumpur has ruled that the property located at Lorong Raja Uda 1 must be sold to resolve the dispute among three siblings who inherited the land. The court's decision comes after it was determined that the siblings' relationship had become irreparable and could not be restored after more than 15 years. Attorney General Arziah Apandi stated that the court-ordered sale was necessary to address the property disputes at Lorong Raja Uda 1, near Jalan Raja Muda Abdul Aziz.

The property, registered under Aziz Al-Akbar Noor, the eldest brother, was purchased by his father in 1978 when two of his sisters were minors. However, the court found that Aziz owned one-third of the property, while the remaining two-thirds were held as trustees for his two sisters equally. The eldest sister, Jelinar Noor, had been residing exclusively in the property since 2001 without paying rent to her siblings.

Arziah stated that there was no realistic possibility for the three siblings to cooperate on the property in question. "Their relationship had broken down and could not be repaired," she said in her judgment. The judge noted that Aziz, the plaintiff, had effectively forfeited his one-third share of the property after moving out in 1990 and not returning to the property since 2007.

"Without the court-ordered sale, the plaintiff would remain as the owner of one-third of the property and an indefinite trustee, without a practical means to realize its value," she said. Arziah also rejected Jelinar's argument that Aziz was merely a silent trustee without the authority to sell the property. She said that the lack of Aziz's authority to sell did not prevent the court from using its powers under the Trusteeship Act 1949, the High Court Ordinance 1964, and the Court Procedures Act 2012.

"The limited powers of a silent trustee form the basis of operating under Section 59 of the Trusteeship Act 1949," she said. Arziah stated that Aziz and her brother Shamsinar had previously offered to sell their respective shares to Jelinar, but she did not offer any counteroffers. She said the sale through court order would not deny Jelinar's rights, as she would receive one-third of the net proceeds from the sale.

The judge also noted that the other sibling's share needed to cover medical expenses and purchase other real estate. She added that given the three siblings' advanced ages, failing to resolve the dispute could lead to further complications if any of them passes away, including issues related to faraid. 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. Any outstanding rent after the specified time period can be brought to court for assessment or investigation. Ivanpal Grewal represented Aziz, while L Prakash represented Jelinar and Ahmad Shahrizal Abdul Aziz represented Shamsinar.