Thursday, February 08, 2007

Farlim Gets Air Itam Estate

This bit of news is very important to me for the simple fact that the court ruling [PDF] involves the land where my house is currently built on.
Court rules in favour of Farlim

PENANG: A High Court has ordered six beneficiaries of a 120ha land in Air Itam Estate and a developer to transfer the property worth RM32mil to Farlim Properties Sdn Bhd.

Justice Mohd Zabidin Mohd Diah allowed yesterday Farlim Properties' suit against defendants Goh Keat Poh and five others, beneficiaries of the estate of Chor Bar Say, and Gerak Indera Sdn Bhd for specific performance of a sales and purchase (S&P) agreement dated Jan 23, 1992.

The court ordered the beneficiaries and Gerak Indera to transfer the property to Farlim Properties upon the latter paying the agreed purchase price of RM32mil to the beneficiaries.

The beneficiaries were also ordered to pay damages to Farlim Properties for inducing breach of the contract, and to pay compensation to Farlim Properties for breaching the agreement.

Gerak Indera was ordered to pay damages to Farlim for inducing the breach of the agreement. [...]
We've been told for years that we have to relocate soon because the land which we reside on has been sold to a major developer and will be redeveloped soon. It seems however, my mom had been hearing this piece of news since she was a little kid and 50 years down the road, we are still residing on the very land rumoured to be redeveloped half a century ago. Looks like things will change in the following years with this court ruling.

When younger, I was confused regarding the status of our house (and the land it is on). I only knew of freehold and leasehold properties but it seems our house was neither of those two. All I know is the land wasn't ours (although the house legally is) and we would have to move when the rightful owner demands us to. I just couldn't understand why such a transaction could have been agreed upon since it seems so unfavourable to us.

Anyway, rumours that we have to vacate our land has been getting louder and louder with every passing year and we've started to make plans when that day eventually comes. Looks like we were spot on this time. The settlement may take awhile (a few years probably) but nothing can deny the fact that we are inching closer and closer to the day we eventually have to move out.

Some had the misconception that we need not worry considering we are related to the beneficiaries of the estate of Chor Bar Say. Many even think we will receive a small amount from the proceeds of the land sale. I can assure you they are wrong and we will not see a drop of that RM32 million. Why? Because we are not the direct descendants of the late Chor Bar Say. We may have blood relations to the wife of the late Chor Bar Say, but that only makes us very distant relatives. So, anyone assuming we are hitting it rich or do not need to worry about relocating can't be further from the truth.

Anyway, I see inheritance as some sort of a jackpot and just something extra. It's good if you do get it but not critical to the extend you will suffer if you don't. I rather depend on myself to make my own money. That's why I never expect any inheritance and it's the same here. Anyway, I can say for sure we are not even qualified to be beneficiaries, so it's a non-starter and we are definitely not eyeing for the money. We just want a place to stay. That's all we ask for and we hope Farlim will come up with some sort of compensation that will be beneficial for all parties.


  1. Allow me to give you my two cents. If you are currently staying on that piece of land and has been doing so for the last 50 years, there are remedies for you. You need to seek good and professional advice as I prefer not to comment on such cases in public.

    Just a hint and an example, and perhaps you will get my flow.

    Squatters have been a major problem in almost any country in the world. What they are occupying are not their land, though the house had been built using their own money. But try relocating any squatter colonies, and you might find a mission to the moon easier. :-)

  2. yea, we sought the advice of professionals years back and we're prepared to proceed when the time comes. we have all the legal documents and related stuff to support us.

    anyway, i'm not against the relocation or redevelopment, just hoping for proper compensation.

    thanks for your advice.