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ISSUES ON TUAN HJ MUSTAFA AND EN ABDUL MANAN - Coggle Diagram

- - - - Falsifying signature belonging to someone else in order to be taken advantage of by the wrongdoer to his benefit.
        If signature proved to be forged,the instrument itself will be null and void and the transfer of the land will be nullified as a result.
      - Gibbs v Messer(1891) AC 248.
        
        The court deemed the mortgage of the land to be invalid because it was made on the ground of forgery.
      - Boonsom Bonyanit v Adorna Properties Sdn Bhd (1995) 2 AMR 1828.
        
        The court awarded defendant indefeasible title because plaintiff failed to prove that the signature was not hers by calling the signature expert and testators for assistance in doing so.
      - Tan Ying Hong v Tan Sian Song(2010) MLJU 12.
        
        -Dissented from Bonsoom Bonyanit's case, believing it was wrongly decided for ignoring the existence of deferred indefeasibility on title of land.
        -The existence of forgery proves that there is a defect in the instrument of dealing. This is otherwise known as deferred indefeasibility.
      - Sulaiman bin Ahmad v Jemain bin Mohamed & ors (2020) MLJU 804.
        
        -Upheld the decision made in Tan Ying Hong v Tan Sian Song's case.
        -It was held that there was a forgery in the transfer of the land since the transfer was made by 1st and 2nd respondents who were not the real owners of the land.
      - OCBC Bank (M) Sdn Bhd v Pendaftar Hakmilik, Negeri Johor Darul Ta'zim (1999) 2 MLJ 511.
        
        -The registration of the transfer of title from one Ng See Chow to the appellant can be set aside because the true owner was one Ng Kim Hwa and the transfer was not obtained from his signature.
        -A fraudulent registration of transfer of title can be set aside by the application of the real owner of the land to do so.