PUTRAJAYA: Founder of Sapura Holdings Sdn Bhd, Tan Sri Shamsuddin Abdul Kadir, has applied to the Syariah High Court here for an order to confirm a gift (hibah) of 14.8 million company shares to his two sons in 1997.
Shamsuddin, as the plaintiff, filed the application on Sept 2 through his solicitors, Messrs Azhar Aziz & Associates, naming his eldest son, Tan Sri Shahril Shamsuddin, 64, and second son, Datuk Shahriman Shamsuddin, 56, as the first and second defendants.
This application for confirmation is pursuant to a separate petition by Shamsuddin to revoke the hibah granted to Shahril, who is Sapura Group’s chief executive officer, for personal reasons. Shahril is contesting his father's application to revoke the gift.
The 94-year-old Shamsuddin is seeking confirmation of the hibah grant to his sons, who each received a holding of 14.8 million share units 28 years ago.
According to the statement of claim, Shamsuddin asserts that he executed the hibah ceremony on Nov 7, 1997, at the Sapura Building in Ulu Klang, Selangor, where he orally gifted his Sapura Holdings’ shares. He contends that all the essential pillars (rukun) of the hibah were fulfilled in accordance with Syariah law.
Furthermore, the plaintiff claims that the said company shares were his absolute property, as the grantor of the hibah, at the material time prior to their transfer and registration in the names of the first and second defendants.
The plaintiff, therefore, seeks the court's permission to grant his application to confirm the hibah, pursuant to the provisions of Section 46(2)(b)(vi) of the Administration of Islamic Law (Federal Territories) Act 1993.
Separately, in his amended statement of claim to revoke the hibah, Shamsuddin states that he executed a written declaration dated June 25 of this year to retract and cancel the hibah in favour of Shahril, and pronounced this revocation before witnesses.
At today's proceedings, Shamsuddin was represented by Syarie counsel Datuk Shamsuriah Sulaiman and Suhaimi Saad. Dr Mohd Rafie Shafie appeared for Shahril, and Fakhrul Azman Abu Hasan represented Shahriman.
The Registrar of the Syariah High Court, Niana Nazahar, set Nov 18 for case management. - Bernama
