1. ) DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND 2. ) RAJESH A/L JAIKISHAN v 1. ) MONICA JAIKISHAN REWACHAND TEKWANI 2. ) DANESH JAIKISHAN REWACHAND BUKAN PIHAK-PIHAK Pantai Medical Centre Sdn Bhd
Catchwords
ABSTRACT This court allowed the application under Section 41 of the Probate and Administration Act 1959 to compel production and forensic examination of her deceased father's alleged will. The will, executed one day before death, excluded all daughters in favour of sons, with the Plaintiffs refusing examination for seven years despite multiple requests. The Court held the 1st Defendant qualified as a "person interested" with intestate succession rights and that the Plaintiffs' admission established possession. Suspicious circumstances—including timing (executed while critically ill), daughter exclusion, inconsistent representations and prolonged concealment—warranted expert examination essential for investigating forgery allegations. KEYWORDS Probate and Administration Act 1959, Section 41; will production; forensic examination; person interested; testamentary capacity; forgery allegations; intestate succession; Distribution Act 1958; burden of proof; Evidence Act 1950
Judges (1)
Case Significance
1. ) DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND 2. ) RAJESH A/L JAIKISHAN v 1. ... is a High Court (Mahkamah Tinggi) decision dated August 17, 2025 (citation: wa-22ncvc-690-11-2024). The case was decided by Arziah binti Mohamed Apandi.
What was the outcome of 1. ) DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND 2. ) RAJESH A/L JAIKISHAN v 1. ...?
1. ) DEEPAK JAIKISHAN A/L JAIKISHAN REWACHAND 2. ) RAJESH A/L JAIKISHAN v 1. ... is a High Court decision dated August 17, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-690-11-2024)