ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Federal Court Deals with Property Scam

Updated on June 24, 2013
Lady Juctice
Lady Juctice

Lady Justice depicts justice as equipped with three symbols: a sword symbolizing the court's coercive power; a human scale weighing competing claims in each hand; and a blindfold indicating impartiality.

A Dose of Justice Served

I have almost lost faith in the Malaysian Judiciary System. This did not happen recently. It was built up over the years. However, the landmark ruling by the Federal Court on 21 January 2010 made me rethink the direction our Judiciary System is heading. This ruling will put a stop to illegal property transfers in the country. There may yet be hope.

Previously, the Federal Court had ruled that owner whose property was transferred via fraudulent means could not take legal action against the third party who bought the property from the fraudster. Unscrupulous people will falsify tittles transfer and documents to themselves and then sell the properties. Once the property is sold, the law could not protect the rightful owner as long as it can be proven that the third party buyer bought the property on good faith. This resulted in property fraud victims being unable to recover their property. Since the ruling about 10 years ago, fraudulent transfer has become a thriving business for some. After a decade, this has finally been corrected.

The landmark ruling on 21st Jan 2010 meant that if it can be proven that a title has been obtained by forgery or misrepresentation, then the claim can be defeated. This will help curb forgery incidents and property scams and protect owners from losing their property. In this rare joint effort by the entire legal fraternity including the 4 highest ranking judges, it is no longer legal for anyone to buy a piece of property from someone who got hold of the property through fraudulent means.

This will also give us assurance that our property will not be easily stolen and we can take legal action if it happens. I think it will also increase investors’ confidence in Malaysia.


This is just a dose of Justice served. Many, many, many more doses are required. We are still far away from an effective and efficient Judiciary System. The beginning of a long journey, maybe.

A Brief of Boonsom Boonyanit Case

Boonsom Boonyanit has purchased an 8,000 sq m plot of land in northern Penang in 1967. In 1989 she found out that her land was sold to Adorna Properties Sdn Bhd by someone. An imposter has forged documents to obtain her land title and sold it.

Boonsom initially sued Adorna for the return of her land but lost as the High Court decided that Adorna had purchased the property in good faith. To her joy, in 1997 the Court of Appeal overturned the High Court's decision.

However in 2000, Adorna appealed to the Federal Court, which ruled it favour of Adorna because it had obtained an indefeasible title to the land even though the land title was forged. This ruling came after Boonsom's death. So she passed away believing that she has won the case.

Then in 2010, a dose of Justice was served where five Federal Court judges overturned the erroneous precedent in Boonsom's case. The judgment in Tan Ying Hong v Tan Sian San case declared that a registered owner’s claim to a land title can later be defeated if it can be shown that the title was obtained by forgery, closing the loophole in the law.

To this day, the third generation of Boonsom Boonyanit’s family is still fighting her case. Her grandsons Piya and Prithep Sosothikul are pursuing Boonsom case so that others will not suffer their grandmother’s fate.

Case References:

Tan Yin Hong vs Tan Sian San

Adorna Properties Sdn Bhd vs Boonsom Boonyanit

In The News


    0 of 8192 characters used
    Post Comment
    • jasonycc profile imageAUTHOR


      10 years ago from South East Asia

      For all mankind. Thank you Christopher.

    • Christopher Floyd profile image

      Christopher Floyd 

      10 years ago from Kansas, Oklahoma, and Louisiana.

      One small step. Here's to many more!

    • jasonycc profile imageAUTHOR


      10 years ago from South East Asia

      Yes corruption is everywhere. I believe there is still a hand full of politicians and judges that truly serve the people. Just wish that their numbers were greater.

    • Micky Dee profile image

      Micky Dee 

      10 years ago

      Hi Jasonycc. I know your frustration. I have also lost a lifetime here. Our judicial system is as corrupt as any. You must "purchase" an attorney and appeal for justice. Money rules and I only need to cite one of the greatest attorneys the world has know- Alan Dirschowitz would echo almost the same statement I just made - maybe different wording but it adds up the same. Thanks for a great hub.

    • jasonycc profile imageAUTHOR


      11 years ago from South East Asia

      tim-tim, I know it's frustrating and sad. Yet we have not much option but to put our faith in the legal system. And at times it's unreliable and disappointing. But there is still hope, at least for my family's case.

    • tim-tim profile image

      Priscilla Chan 

      11 years ago from Normal, Illinois

      Thanks for the hub. It is more less the same everywhere. Sometimes you wonder, if we should totally put our faith and trust with the legal system but what are the options?

    • jasonycc profile imageAUTHOR


      11 years ago from South East Asia

      Thank you Joe. I am begining to get the hang of hubville. Actually my family is one of the many victims here. We are fighting a case to regain our land that was sold through fraudulent documents and were so happy and relief when the ruling was announced. Now the outcome may not be as bleak as before. Keeping our fingers crossed.

    • JOE BARNETT profile image


      11 years ago

      it's the same here. if you bought some stolen property and didn't know it , you would lose everything when it is discovered. and could go to jail for excepting stolen property!normally won't but could. so it's on the buyer to find out everything or clear the deed. good article and interesting. welcome to hubville!


    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at:

    Show Details
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the or domains, for performance and efficiency reasons. (Privacy Policy)
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)
    ClickscoThis is a data management platform studying reader behavior (Privacy Policy)