Wednesday 13 January 2021

AT THE NATIVE COURT - ANOTHER CASE OF LAND DISPUTE AFTER USING LAND TO GET A HOUSING LOAN

 drated:  Wed DEC 9, 2015


PENAMPANG. A man from Kg. Tanaki here, submitted five main reasons for not accepting the results of a mediation held in chamber of a Native Chief on 29 Sept 2015.
 
Testifying as plaintiff, he said the land under dispute was transferred to him by his wife who had inherited it from her mother, who also had inherited it from her own mother (plaintiff’s grandmother in-law).
He admitted that the land is therefore an inherited land or “tanah pusaka” in native terminology.
 
When he constructed their house on the land, his wife had transferred ownership to him in order to get a loan from Suruhanjaya Perumahan Persekutuan Malaysia.
 
He also claimed that his mother in-law was still alive when the land was transferred to his wife in 1991 and together with the Memorandum of Transfer form, a no objection letter signed by all the siblings of his wife was submitted to the land office. However this letter was not witnessed by anybody and one of the siblings who was staying in Kuala Lumpur was not included. The plaintiff claimed she too had confirmed not objecting via telephone only.
When the court ask if he has the original copy of this letter, he answered it was lost when the house got flooded in the past.
 
Hence he claimed that the transfer including the letter of no objection is valid. His wife was willing to transfer the land to him in order to build a house on the basis of “love and affection” as written by the Land Office.
 
As the loan is paid, he intended to transfer back the land to his wife but only after the case in this court is settled. He contended that the defendant has no more right to claim the land as it is now own by his wife and not the mother in-law.
 
He concluded that all the relatives of his wife have no more rights to the land and asked the court for an eviction order to all those who are still staying on the land.
 
However the court told him the case before them is only about why he is objecting to the results of the mediation and not about eviction order.
Responding to a question from the bench whether there is relevance between “eviction” and “love and affection” he responded that he had allowed them to stay at the existing family home on the land but since they are not happy with the current arrangement so love and affection ceased to exist.
 
When told that he got the land via love and affection and but he is returning the favour with “eviction”, he declined to answer.
 
In response, the defendant who is also the sister in-law of the plaintiff said she is laying claim to the family home and a part of the land because it is the inherited property of her mother and she has no other place to stay. She claimed she had looked after her mother until the end and she had proposed and issued a will including her as beneficiary.
 
She claimed her mother agreed the land title can be borrowed for the purpose of her elder sister and husband to build a house and that part of the land will belong to them. She also said her sister had asked her for assistance for their mother’s approval for them to build the new house.
 
In conclusion she maintains every statement she had made during the mediation held on 9 Sept 2015 as still valid and true.
After she finished her testimony, her younger brother sitting at the gallery asked the court for permission to query as his name has been mentioned by the plaintiff as having agreed to the transfer of the land, claiming he has no knowledge of the letter.
 
However, the bench comprising District Chief Bryan Matasing, Native Chief Andrew S. Lidaun and Village Chief Rita John said they will look into this matter in the next hearing on 19 January 2016.
 
 

No comments:

Post a Comment