JOHOR BARU – Two brothers in Penang are fighting for their home after they claim it became the subject of a fraudulent transfer to a company.
A civil case was filed by the brothers – Lew Teik Chong and Low Teik Hou – in the Penang High Court two years ago naming 10 defendants who they believe were responsible for the fraudulent transfer, including the alleged previous owner of the land, as well as its current purported owner Telus Harta Sdn Bhd.
The land, located in Bandar Tg Bungah, Penang, initially belonged to their mother Audrey Choo, who died of cancer in 2019, leaving her home to her sons and grandchildren in a will dated December 22, 2008.
According to their statement of claim made available to The Vibes, after a land search in July 2021, the brothers were shocked to discover that the land was transferred to Telus Harta by two individuals named Chang Kum Ying and Yong Kam Sang, who were named as defendants.
“Lew Teik Chong proceeded to file a police report on July 22, 2021 regarding the unlawful land dealing and the transfer of property,” the statement of claim said.
We took care of Audrey on her deathbed: defendants
Further, it came to the brothers’ knowledge that a year before, Chang and Yong had filed an originating summons at the Penang High Court seeking an order for the Land registrar to register a trust instrument by Audrey dated May 9, 2008 and for the land in question to be placed under their ownership.
In the originating summons, Chang and Yong claimed that Audrey was a close friend of theirs, adding that they took care of her during her illness and were constantly at her side.
Chang and Yong claimed that Audrey felt indebted towards them and signed a trust instrument naming them both as beneficiaries of the land.
In their statement of claim, the brothers rubbished Chang and Yong’s claims in the originating summons, asserting that Audrey intended to transfer the land to her sons and grandchildren as per her will.
The brothers allege that Chang and Yong committed fraud in claiming they were Audrey’s close friends, given that it was her family who took care of her up until her death.
However, given that Chang and Yong obtained an order from the high court, they were able to register the land in their names, which they then proceeded to sell to Telus Harta in an agreement dated January 20, 2021.
Lawyer explains how the fraud occurred
In their suit, the brothers also named law firm Chambers of JK Kala and lawyer Kala Jeyakumar as defendants, alleging their involvement in dealings pertaining to the land.
According to her statement of defence, Kala denies collaborating with anyone with an intent to conspire as claimed by the plaintiffs.
However, as her statement of defence suggests, there was indeed fraud, which occurred pertaining to the transfer of Audrey’s land.
In September 2020, Kala met an individual named Gabriel Youshua Moses, who in the same month made representations that he was able to obtain clients and business for her law firm.
It was only after this meeting that Kala met Chang and Yong who provided her with the trust instrument stating that the duo were beneficiaries of Audrey’s land.
“Gabriel made false representations to the seventh defendant (Kala) that Audrey was a cancer patient and that Chang and Yong were taking care of the patient,” Kala’s defence said.
“Gabriel also falsely represented that Audrey, who passed away on February 2, 2019, had no family members.
“Through the documents provided, the seventh defendant agreed to accept the case from Chang and Yong because she believed the false story she was told by (Gabriel).”
However, some time later, Kala claimed that after a meeting with Gabriel, she was informed that the land transaction was false and the house was not owned by Chang and Yong.
She was also told by Gabriel that Audrey’s husband and children still lived on the premises.
Kala had also later met with Chang and Yong at their home to inform them of the nature of the trust instruments.
During the confrontation, Kala says she was informed that Gabriel posed as a lawyer to Chang and Yong.
The duo admitted that they had never met Audrey and had lied to Kala.
“Chang and Yong admitted that the land transaction was performed fraudulently on Gabriel’s orders,” she said in her defence.
In May 2021, while Kala was at the Ipoh High Court Complex, she met a fellow lawyer who informed her that Gabriel was a conman and had caused many lawyers to lose their jobs due to his schemes.
She was also told that there was an arrest warrant for Gabriel over two allegations of land fraud.
“On May 6, 2021, the seventh defendant discovered that the land was transferred to Telus Harta without notice to her or her law firm.
“The same day, the seventh defendant performed a search with the Companies Commission of Malaysia, only to discover that during the time of the sale and purchase agreement, the company only had a capital of RM3,000,” the defence statement explained.
Kala subsequently lodged a police report on May 8, 2021, at the Timor Laut district police headquarters over the fraudulent land transfer so that the authorities would initiate investigations against Gabriel and Telus Harta, stop all transactions involving the land, and return the property to Audrey’s family.
Among other things, Audrey’s children are requesting that the court declare void the trust instrument dated May 9, 2008 and that the property be returned to their mother’s estate.
So far, Chang and Yong have yet to file their defence or memorandum of appearance in court.
Audrey’s children also named Ravindra Kumar and Sasedharan Vasudevan, who are Telus Harta’s shareholders as defendants.
It is understood that Telus Harta has filed a separate suit against Audrey’s son Teik Chong at the Penang High Court in October 2021 seeking a declaration that the company is the legal owner of the land and an order for Teik Chong to transfer possession. – The Vibes, May 6, 2023
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