Doshi v Doshi: Revocation of Probate in Singapore after Malaysian Revocation
In Jigarlal Kantilal Doshi v Damayanti Kantilal Doshi, the Singapore Court of Appeal addressed an appeal by Jigarlal Kantilal Doshi seeking the revocation of a grant of probate issued to Damayanti Kantilal Doshi and Jogesh Kantilal Doshi by the District Court in Singapore, concerning the will of the late Kantilal Prabhulal Doshi. The application was initially dismissed by the High Court. The Court of Appeal dismissed the appeal, directing the respondents to furnish a full report of all the assets of the estate in Singapore and give a full and complete account of the administration of the estate in Singapore at regular intervals to the Public Trustee.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed. The Court directed the respondents to furnish a full report of all the assets of the estate in Singapore and give a full and complete account of the administration of the estate in Singapore at regular intervals to the Public Trustee.
1.3 Case Type
Probate
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal considers revoking a grant of probate in Singapore after the Malaysian courts revoked the grant due to improper administration.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jigarlal Kantilal Doshi | Appellant | Individual | Appeal Dismissed | Lost | |
| Damayanti Kantilal Doshi (Executrix) | Respondent | Individual | Appeal Dismissed | Won | |
| Jogesh Kantilal Doshi | Respondent | Individual | Appeal Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| L P Thean | Justice of Appeal | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Arthur Wang | Tan Kim Seng & Partners |
| Samuel Chacko | Colin Ng & Partners |
4. Facts
- The deceased, Kantilal Prabhulal Doshi, died domiciled in Malaysia.
- The deceased made a will on 30 April 1991, appointing his wife and youngest son as executors and trustees.
- The respondents were granted probate of the will by the High Court of Malaya at Johor Bahru on 15 October 1991, but the grant was later revoked.
- The Malaysian Court of Appeal affirmed the revocation of the grant of probate in Malaysia.
- The respondents obtained a grant of probate in Singapore without disclosing the revocation in Malaysia.
- The appellant sought to revoke the grant of probate in Singapore.
- The Public Trustee Incorporated (Amanah Raya Berhad) was appointed to administer the estate of the deceased in Malaysia.
5. Formal Citations
- Jigarlal Kantilal Doshi v Damayanti Kantilal Doshi (Executrix) and Another, CA 101/1997, [2000] SGCA 54
6. Timeline
| Date | Event |
|---|---|
| Will made by Kantilal Prabhulal Doshi | |
| Kantilal Prabhulal Doshi killed | |
| Probate of will granted by High Court of Malaya at Johor Bahru | |
| Originating motion filed in High Court of Malaya at Johor Bahru to revoke grant | |
| High Court revokes grant and appoints Official Administrator | |
| Stay of execution of revocation order obtained from Court of Appeal | |
| Grant of probate made by District Court in Singapore | |
| Originating motion filed in High Court seeking order to revoke grant | |
| High Court dismisses application | |
| Malaysian Court of Appeal dismisses appeal, affirming revocation of grant | |
| Second respondent filed affidavit | |
| Decision Date |
7. Legal Issues
- Revocation of Grant of Probate
- Outcome: The Court dismissed the appeal, declining to revoke the grant of probate in Singapore, but directed the respondents to furnish a full report of all the assets of the estate in Singapore and give a full and complete account of the administration of the estate in Singapore at regular intervals to the Public Trustee.
- Category: Substantive
- Sub-Issues:
- Undue and improper administration of the estate
- Disregard of the interests of the beneficiaries
8. Remedies Sought
- Revocation of the grant of probate
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Probate Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Damayanti Kantilal Doshi & Ors v Jigarlal Kantilal Doshi & Ors | Court of Appeal of Malaysia | Yes | [1998] 4 MLJ 268 | Malaysia | The Malaysian Court of Appeal affirmed the decision of the High Court in Johor Bahru, which revoked the respondents’ grant of probate. The Singapore court gave due recognition to the findings and determination of the courts in the principal jurisdiction. |
| Fazil Rahman & Ors v Nachiappa Chettiar | N/A | No | [1963] MLJ 309 | N/A | Cited for the definition of 'sufficient cause' to mean 'undue and improper administration of the estate in total disregard of the interests of the beneficiaries'. |
| Re Khoo Boo Gong, deceased | N/A | No | [1981] 2 MLJ 68 | N/A | Cited for the definition of 'sufficient cause' to mean 'undue and improper administration of the estate in total disregard of the interests of the beneficiaries'. |
| Tan Khay Seng v Tan Kay Choon & Anor | N/A | No | [1990] 1 MLJ 51 | N/A | Cited for the definition of 'sufficient cause' to mean 'undue and improper administration of the estate in total disregard of the interests of the beneficiaries'. |
| Re Shaik Abdullah, deceased | N/A | No | [1941] MLJ 6 | N/A | Cited to support the point that the court has discretion in exercising its power under s 32 of the Probate and Administration Act (Cap 251). |
| Damayanti Kantilal Doshi & Anor v Shobhana J Doshi | N/A | No | [1998] 1 SLR 530 | Singapore | Related to the action in Suit 707/93 in respect of the moneys in the account with Banque Luxembourg. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Probate and Administration Act (Cap 251, 2000 Rev Ed) s 32 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Probate
- Grant of probate
- Revocation
- Executors
- Trustees
- Sufficient cause
- Principal jurisdiction
- Ancillary jurisdiction
- Public Trustee
15.2 Keywords
- Probate
- Revocation
- Executors
- Trustees
- Singapore
- Malaysia
- Estate
- Administration
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 90 |
| Wills and Probate | 85 |
| Trust Law | 60 |
16. Subjects
- Probate
- Estate Administration
- Conflict of Laws