Justice Faizah Jamaludin declared that the transfer of C Kalavathi’s 1.3ha property in Kampung Perepat in Kapar, Selangor, to Dr K Jayabala on Aug 25, 2009 was null and void.
The judge also declared as invalid the subsequent registration of the property in favour of property investment company, Able Dynamic Marketing Sdn Bhd, following a sale.
The two transfers were effected by lawyer M Pannirselvam, also named as a defendant in the suit.
Faizah ordered the Klang district land administrator to register the property in the name of Kalavathi, 58, and remove all caveats attached to it within 30 days of the court order.
The judge, who delivered her oral grounds yesterday, said an assessment of damages would be conducted later.
Kalavathi filed her suit against Jayabala, a private medical practitioner in Kapar, Pannirselvam and Able Dynamic four years ago, citing fraud and fraudulent misrepresentation.
In her statement of claim, Kalavathi said she had borrowed RM102,000 through her sister, Wanitha, from Jayabala.
In February 2008, Pannirselvam, who purportedly acted only for the doctor, charged RM8,000 in legal fees for the preparation of a friendly loan agreement.
The lawyer also prepared a sale and purchase agreement and the land transfer documents, in which the purchase price was stated to be RM150,000.
Kalavathi said she only received RM102,000 from Jayabala.
She also claimed that Jayabala and Pannirselvam had induced her to sign the fraudulent agreement.
The property was transferred to Jayabala, who sold it to Able Dynamic for RM600,000 in December 2018.
Kalavathi and her family were alerted to the fraud when Lee Ah Ing, a representative of the company, visited the property to claim ownership.
Lawyers G Sivakumar, B Yaashnipriya and Lucas Liaw represented Kalavathi, while S Suresh acted for Able Dynamic. Counsel M Navamani appeared for Jayabala and R Thayalan acted for Pannirselvam. - FMT
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