Court upholds 40-year-old dowry agreement over Ampang land

The High Court holds that the bride’s parents had unequivocally intended the property to serve as dowry upon her marriage.

The Shah Alam High Court allowed a suit brought by A Meenambigai and N Manoharan against her brothers, A Sivakumar and A Sivalingam, for the transfer of land given as dowry in 1986.

PETALING JAYA:

 The High Court in Shah Alam has upheld the validity of a parcel of land promised as dowry nearly 40 years ago, affirming the rights of a married couple in the face of a challenge mounted by the bride’s siblings.

Justice Choong Yeow Choy ruled that A Meenambigai’s parents had unequivocally intended the property to serve as dowry for her marriage to N Manoharan.

“The language of the agreement allows no other reasonable interpretation,” Choong said, adding that he had considered the document in its entirety together with surrounding evidence.

Under an agreement dated Oct 19, 1986, Meenambigai’s parents formalised the gift of a 465 sq m parcel of land in Ampang, Selangor, belonging to her father, A Arasaratnam.

The contract stipulated that the property would only be transferred to the couple after the passing of both Arasaratnam and his wife, A Sarojini Devi.

Meenambigai and Manoharan, now aged 68, asserted in court that the land formed part of the dowry promised by her parents at the time of their marriage.

Her brothers, A Sivakumar, 65, and A Sivalingam, 63, disputed their claim, arguing that their late father never consented to the property being given as dowry.

They also maintained that the agreement merely recorded parental consent to the marriage and that the land remained part of Arasaratnam’s unadministered estate, and subject to division under the Distribution Act 1958.

“With respect, this court is unable to accept that contention,” Choong said in his written judgment when ruling in Meenambigai and Manoharan’s favour.

The couple had sought an order that the Hulu Langat land administrator register the property in Meenambigai’s name upon  Sarojini’s passing, with Arasaratnam having died previously. - FMT