A 19th century deed which determines how properties worth millions of dollars are to be distributed among members of a prominent family was the focus of attention of a High Court judge over the last three days.

The great-grandchildren of the founders of the Alkaff family fortune are asking Mr. Justice Chan Sek Keong for declarations to change an 1888 deed of settlement so that all the grandchildren and great-grandchildren can benefit from it.

Under the settlement of two brothers, Syed Mohamed bin Abdulrahman Alkaff and Syed Shaikh bin Abdulrahman Alkaff, the incomes of certain landed properties were to be enjoyed by their descendants.

These properties were to be distributed 21 years after the death of the last survivor of 27 persons named in the deed.

Descendants seek wider
distribution of $27m fortune

As such, children of the dead grandchildren would not receive anything.

The application, however, said this was not according to the true intention of the creators of the settlement. It was contended that all children of living and dead grandchildren should be entitled to a share of the properties.

On Wednesday, counsel for the applicant, Mr. Mohan Singh, sought an adjournment to Monday to do more research on whether a previous High Court judgment in a similar Alkaff case was binding on the present application.

In 1971, a former High Court judge, M. Choor Singh, had ruled that the word "grandchildren" in Alkaff deed did not include great-grandchildren.

The court is concerned only with two of the six settlements made in 1888 and 1893. The total value of all six settlements is about $50 million.

The due date for distribution to the beneficiaries of the two settlements, with properties amounting to $22 million and $5 million respectively, fell on Dec 2, 1986.

At that time there were 77 living grandchildren and 44 dead grandchildren.

The court heard that under the deed, the properties were to be distributed only to the grand children living at the date of the distribution.

The propertied were then to be given to those of the

founders' and their brother's grandchildren living at the date of the distribution.

Among the historical landmarks owned by the Alkaff family were  the Arcade Building, Hotel de L'Europe and Alkaff Gardens.

The application to the court is made by a descendant, Syed Yacob Mohamed Hussain Shaik Alkaff, 53, a Arabian businessman.

He is seeking declarations on his own and on behalf of 28 other descendants, now in the Middle East, to change the deed.

They are among the children of 44 dead grandchildren of Syed Shaikh, one of the two settlers, and his brother, Syed Abdullah.