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Director seeking court order to declare claim null and void
KUALA LUMPUR: A company director is seeking a court order to declare his elder brother's claim as the executor of their late father's estate as null and void.
Chin Hee Man, 58, who named his brother Chin Soo Chai, 62, in the claim, wants a declaration that his father China Foo Sam's will, dated March 4 last year, was a final will and that he (Hee Man) was the legitimate executor of his father's estate, which has a 107-acre oil palm plantation.
He also wants a court order declaring a subsequent will allegedly made by his father dated Aug 20 last year as null and void.
In his claim filed two months ago, Hee Man alleged that although his father has six sons, he was the person running the company operations and the oil palm plantation with his father since he was in his 20's till to date.
Hee Man, who is the deceased third son, alleged that his father had always used a law firm in Bahau, Negeri Sembilan, for all legal matters related to his company, Chin Foo Sam & Sons Realty Sdn Bhd, and for his will.
After the father died on April 5 this year, the same law firm had allegedly called all the children for the reading of the will dated March 4.
However, the plaintiff claimed that in May this year, the High Court had granted an order for the defendant to execute the father's will.
In his defence, Soo Chai claimed that he and his siblings had jointly worked to develop the oil palm estate.
He further alleged that in May last year, the father had called him and his siblings together and had asked them to appoint another lawyer to make a new will so that all his children would get an equal share of the estate.
Yesterday, judge Datuk Nor Bee Ariffin heard an inter parte application in chambers for an injunction to stop the defendant from acting as executor of the will until the disposal of the case.
The plaintiff and defendant were represented by lawyers Christopher Lai and Sumathi Shanmugam respectively.
Hearing continues on Sept 19.