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I started in 1975 and in 1976/77 I decided to buy a single storey house for RM 33100 . I took a bank loan of RM 15000 from a bank( and in 1980 I converted the bank loan into a Govt housing loan) and the balance I borrowed from some relatives ( in laws) and also my Dad helped me to pay some too.There is however no letter or any trust made to say that I took the money from Dad or any of the relatives. My father passed away intestate in 1987 . Recently my brother filed a case against me in the KL High Court to apply to become LA for my house by saying that my father contributed to the house and hence it is Harta Pusaka si mati ( the property is registered under my name) and I held it in trust because dad contributed to it. He managed to convince my sister and my younger brother to be on his side and support his application. I had returned part of my dads money by way of contributing for my sisters wedding ( about rm 2000) and once i gave cash to dad also rm 2000. And whenever i visited him I gave rm 50-100 when I had cash with me. Never had dad asked me about the house during my visits to him until he expired. ( 10 yrs from the time i bought the house). I paid for all dues , maintenance and any costs or the house. Never until today did any of my family stayed or visited me at the said property. Never did they ask about it all these years. ( 1977- 2018)
In the documents that he submitted to the court and me , an exhibit , a letter from Amanah Raya Berhad is enclosed, it says that my father had some money in Malayan Banking and the letter directs Maybank to pay al the money to my brother. There is only one name and no other sibling is mentioned. I never had knowledge or signed any document to forgo my right on this matter. I was never informed on this.
. please advise what are my rights and how shud i go about it. Can the verbal expressions( hujah) from my sister and brother carry weight against me, because I am alone and they are 3 . I am very worried. I am married and have kids and to face this at this age is very taxing to me and hurts me badly too . I am emotionally breaking down and has caused lot of stress to me, sir. it further burdens me financially.
I appreciate your advise and thank you so much, Sir.

This post has been edited by mrgurdial: Feb 3 2019, 05:59 PM

Are your younger brother and sister have full knowledge at the begining?

Siding is one thing. Lying in court can go to jail.

If your brothers and sisters have no written proof that your dad paid any monies towards the purchase of your house, then there should be nothing to worry about on your side.

I'm sorry you have to go through this. As they have already filed in High Court, your best bet is to hire a very good lawyer to protect your interests.

Hopefully justice will be on the right person's side, but both sides will just burn money for legal fees.

As this involves your house, please don't forgo it and think it's all well by asking here in Lowyat. There are plenty cases of people losing their houses due to forged documents

Your best bet would be to talk to a lawyer with presence of all relevant documents to really understand what's going on in order to plan your next step.

You can try the bar council if you're in a bind.

Good luck!

Please consult a lawyer.

Any advise from loyar buruks may jeopardize your case.

My advice is to not worry about it at all. They have no case against you. No black and white trust deed. Borrow money to buy property and buying a stake in property is separate matter. If your dad wanted a share he would've taken it from you.

EDIT: The law is the law. 3 people siding with him does not make them "bigger" or more "valid" or "right" in court. Only facts matter.

This post has been edited by vckc: Feb 14 2019, 04:46 PM

Tq very much ...