1. ) THAVAMANY A/P P. VENGADASALAM 2. ) ALUMU A/P VENGADASALEM 3. ) KAMALA A/P VENGADASALAM v JAYA A/P I.N. GOPAL

a-02ncvca-571-04-2024 Court of Appeal (Mahkamah Rayuan) 18 August 2025 • A-02(NCvC)(A)-571-04/2024 • 23 min read
10 cases cited (0 SG, 10 foreign)

Catchwords

Appeal against decision of High Court – Originating Summons – seeking for declarations and consequential reliefs – ownership of property - absence of clear statements or concrete declaration of trust in transfer documents – Form 14A First Schedule of National Land Code – whether the transfer of a family home from mother to son in 1995 was an inter vivos gift or held on trust for the siblings – failure to prove three elements to constitute a trust in law - certainty of intention - certainty of object - certainty of subject matter - there was no express declaration or contemporaneous evidence of such intention - The Plaintiff’s prolonged inaction for over 25 years amounted to laches and acquiescence, thereby disentitling them from the relief sought

Practice Areas

Appeal against decision of High Court

Judges (3)

Alwi bin Abdul Wahab Delivered Azizul Azmi bin Adnan Coram Supang Lian Coram

Counsel (5)

Jeyaratnam & Co. Firm Shima & Co. Firm Farizatul Shima Bt. Abdul Hamid Counsel Respondent Nor Hisham B. Sirat Counsel Respondent Vengetraman Manickam Counsel Appellant

Parties (4)

Alumu a/p Vengadasalem Appellant Jaya a/p I.n. Gopal Respondent Kamala a/p Vengadasalam Appellant Thavamany a/p P. Vengadasalam Appellant

Case Significance

1. ) THAVAMANY A/P P. VENGADASALAM 2. ) ALUMU A/P VENGADASALEM 3. ) KAMALA A/... is a Court of Appeal (Mahkamah Rayuan) decision dated August 18, 2025 (citation: a-02ncvca-571-04-2024). <p>Three sisters appealed against the High Court's dismissal of their originating summons seeking a declaration that their deceased brother held a family property on trust for all siblings. The Court of Appeal upheld the dismissal, finding that the 1995 transfer of the property from the mother to the brother constituted an inter vivos gift, not a trust, as there was no clear declaration of trust, no certainty of intention, and the plaintiffs' 25-year inaction amounted to laches and acquiescence. The panel comprised Alwi bin Abdul Wahab, Azizul Azmi bin Adnan and Supang Lian, with Alwi bin Abdul Wahab delivering the judgment. Counsel appearing: Farizatul Shima Bt. Abdul Hamid (counsel for respondent), Nor Hisham B. Sirat (counsel for respondent), Vengetraman Manickam (counsel for appellant).

Summary

Three sisters appealed against the High Court's dismissal of their originating summons seeking a declaration that their deceased brother held a family property on trust for all siblings. The Court of Appeal upheld the dismissal, finding that the 1995 transfer of the property from the mother to the brother constituted an inter vivos gift, not a trust, as there was no clear declaration of trust, no certainty of intention, and the plaintiffs' 25-year inaction amounted to laches and acquiescence. The appeal was dismissed with no order as to costs.

What was the outcome of 1. ) THAVAMANY A/P P. VENGADASALAM 2. ) ALUMU A/P VENGADASALEM 3. ) KAMALA A/...?

<p>Three sisters appealed against the High Court's dismissal of their originating summons seeking a declaration that their deceased brother held a fam...

Statutes Cited

Evidence Act 1950 (Cap 56)
s 114(g)
National Land Code (Cap 828)
s 344
Wills Act 1959
s 5

Cases Cited (10)

MY (10)
[1913] MLJU 1638 [1979] 2 MLJ 229 [1989] 1 CLJ 693 [1989] 2 MLJ 202 [1989] 3 MLJ 252 [1994] 2 MLJ 614 [1999] 2 CLJ 791 [2019] 2 MLJ 334 [2022] 2 MLJ 853 [2022] 3 MLJ 536