INCHE NORIAH V SHAIK ALLIE

By miesarbeauty | Updated: Dec. 20, 2023, 11:20 a.m.

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INCHE NORIAH 
V 
SHAIK ALLIE BIN OMAR
CREATED BY : 
NUR ISMIE ISKANDAR
I am 
Shaik Allie
 I am 
Inche Noriah
Inche Noriah is an illiterate old woman. Shaik Allie and his brother are her nephews, who have been taking care of her while she is sick. Since her husband and her daughter died, Inche Noriah has been living alone.
Don’t worry aunty I will take care of you 
I want to give a deed of gift of landed property to Shaik Allie.

Inche noriah wanted to give a deed gift of her landed property in Singapore to her nephew, Shaik Allie who had been handling her affairs.
Shaik Allie arranged for a lawyer to meet Inche Noriah. The lawyer prepared the necessary documents and submitted them to Inche Noriah. Inche Noriah signed the contract without realizing that the gift deed included almost all of her property.
However Later , Inche Noriah’s other nephew knew about the issue that shaik allie making and got mad. He explained all the actual situation to her.
Inche noriah filed this case to reclaim all her properties back. 
Undue influence was convicted against a nephew by his elderly aunt. A deed of gift had already been prepared by a solicitor and witnessed by another. The solicitor had confirmed that she understood it and agreed to follow, but he had not briefed her enough about the situation that it was almost her entire property.
The gift failed for undue influence. The plaintiff's relationship with the defendant at the moment the deed was executed, seemed helpful to increase the presumption of the defendant's influence over the plaintiff. The defendant has to prove the gift was a voluntary act by the plaintiff, perform under conditions that cause her to develop an independent decision. The court was justified that the gift was the outcome of her free will. The defendant's evidence was incomplete to overcome the presumption of undue influence and the gift made to him by the plaintiff was dismissed.
The claim of Undue Influence was successful. The relationship between plantiff and the defendant's unfair advantage is able to create a presumption of undue influence. In this case, the plaintiff attempted to rebut the presumption by arguing that the defendant had obtained independent legal guidance. The court, on the other hand, determined that such legal advice had to consider into consideration all the factors. The presumption of undue influence was determined to be unrebutted by the court.

INCHE NORIAH V SHAIK ALLIE

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