MOHD SHAWAL BIN IBRAHIM v 1. ) QAISER HARTA PMC SDN. BHD. 2. ) MD ZIN BIN ABD HAMID 3. ) MOHD YUSOF BIN IBRAHIM

wa-12bncvc-45-04-2024 High Court (Mahkamah Tinggi) 26 March 2025 • WA-12BNCvC-45-04/2024 • 9 min read

Catchwords

Co-proprietors of undivided shares in a plot of land – In the absence of agreement regarding location of each co-proprietor’s share in the land, no co-proprietor can claim a specific part as his – Analogous to owning a share of water in a bucket –Partitioning of land co-owned by several co-proprietors is required for the issuance of separate individual titles stating a co-proprietor as the sole owner – Section 140(1)(a) National Land Code 1965 provides legal mechanism by agreement of all the co-proprietors to apply for partitioning of their land – Situation when some co-proprietors will neither join in, nor consent to the making of, an application for partition – Termination of co-proprietorships pursuant to s.141A for partition applications to be made to the District Land Administrator – S.145 National Land Code 1965 – High Court has power to hear their disputes between co-proprietors and issue appropriate orders to terminate co-proprietorship of land to resolve their impasse

Practice Areas

Land Law

Judges (1)

Gan Techiong Delivered

Counsel (4)

Ibrahim & Fuaadah Firm Mukmin Azmi & Co Firm Ahmad Mukmin Aimi Bin Azmi Counsel Respondent Nurfarah Athirah binti Muhammad Faizal Tan Counsel Appellant

Parties (4)

QAISER HARTA PMC Sdn Bhd Respondent Md Zin bin Abd Hamid Respondent Mohd Shawal bin Ibrahim Appellant Mohd Yusof bin Ibrahim Respondent

Statutes Cited

National Land Code (Cap 828)

Judgment

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Source: eJudgment (wa-12bncvc-45-04-2024)