SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CHANDRAGUPTA GAMINI KANNANGARA
Catchwords
ABSTRACT The Applicant obtained an ex parte order to sell property co-owned with two deceased persons, without notice to their beneficiaries or compliance with Section 145 National Land Code 1965. The Court allowed the beneficiary to intervene and set aside the order for breach of natural justice. Section 145 NLC requires proof that co-proprietors refused partition consent before ordering sale—this requirement applies even when co-proprietors are deceased. The death of co-proprietors does not eliminate their estates' interests or bypass statutory protections. The beneficiary's protective caveat was upheld. Keywords: co-proprietorship, Section 145 National Land Code, ex parte order, natural justice, intervention, beneficial interest, estate administration
Practice Areas
ABSTRACT The Applicant obtained an ex parte order to sell property co-owned with two deceased persons, without notice to their beneficiaries or compliance with Section 145 National Land Code 1965. The Court allowed the beneficiary to intervene and set aside the order for breach of natural justice. Section 145 NLC requires proof that co-proprietors refused partition consent before ordering sale—this requirement applies even when co-proprietors are deceased. The death of co-proprietors does not eliminate their estates' interests or bypass statutory protections. The beneficiary's protective caveat was upheld. Keywords: co-proprietorship, Section 145 National Land Code, ex parte order, natural justice, intervention, beneficial interest, estate administration
Judges (1)
Case Significance
SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CH... is a High Court (Mahkamah Tinggi) decision dated November 11, 2025 (citation: wa-24ncvc-4304-11-2024). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Keywords: co-proprietorship, Section 145 National Land Code, ex parte order, natural justice, intervention, beneficial interest, estate administration.
What was the outcome of SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CH...?
SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CH... is a High Court decision dated November 11, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.