IN RE MOHD NOOR YUSOF; APPLICANT
HIGH COURT MALAYA, MELAKA
RAJA SEGARAN S KRISHNAN JC
[ORIGINATING SUMMONS NO: MA-24NCvC-533-12-2025]
16 MARCH 2026
[2026] CLJ JT (5)

Abstract – (i) Section 380 of the National Land Code (`NLC') vests the power to correct errors in documents of title in the land registration authority, not the court. The court's role is confined to determining the underlying facts, while the rectification of the register remains an administrative act to be carried out by the Registrar in accordance with the NLC; (ii) In an application to determine whether two descriptions refer to the same deceased person, the court should ordinarily require, at a minimum, a coherent combination of: (a) an official death or identity document; (b) estate or succession documents linking the deceased to the land in question; (c) title searches reflecting the discrepant entry; and (d) corroborative evidence from persons with knowledge of the relevant property or its history. Declaratory relief may be granted where these evidential strands, taken cumulatively, converge without contradiction and establish, on a balance of probabilities, that the names in question refer to one and the same person.

CIVIL PROCEDURE: Judgments and orders – Declaratory relief – Land law – Administration of estate of deceased person – Application for declaration that names appearing on death certificate, estate administration documents and land titles, although different, refer to same deceased person – Whether court empowered to rectify errors in documents of title – Distinction between role of land registration authority and court under s. 380 of National Land Code – Whether there was convergence between family evidence and official records – Whether different names referred to same individual – National Land Code, s. 380