Ahuja v Sutisna: Option to Purchase, Property Sale Dispute
In Ahuja Vivek Gopaldas and Another v Sukanda Sutisna, the High Court of Singapore ruled on December 28, 2007, in favor of the plaintiffs, Ahuja Vivek Gopaldas and Sadhana Desai Ahuja, a married couple, declaring that the defendant, Sukanda Sutisna, had granted them a valid option to purchase a property and that they had validly exercised that option, forming a binding agreement for the sale. The plaintiffs brought a claim seeking declarations to that effect, which the court granted, ordering the defendant to pay costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiffs
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court ruled in favor of the married couple, Ahuja, declaring a valid option to purchase and a binding agreement for the property sale.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ahuja Vivek Gopaldas | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Sadhana Desai Ahuja | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Sukanda Sutisna | Defendant | Individual | Judgment for Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kelvin Chia | Balkenende Chew & Chia |
| Andre Arul | Arul Chew & Partners |
4. Facts
- Plaintiffs saw an advertisement for the property in The Straits Times.
- Plaintiffs made an offer to purchase the property for $3,860,000.00.
- Plaintiffs gave a cheque for $38,600.00 as an option fee.
- Plaintiffs requested a 14-day option period.
- Defendant signed the Option to Purchase.
- The expiry date on the Option was initially left blank.
- Ng filled in the expiry date as 15 April 2007.
- Defendant received a higher offer for the property.
- Plaintiffs exercised the Option on 11 April 2007.
- Defendant rejected the exercise of the Option, claiming it had expired.
5. Formal Citations
- Ahuja Vivek Gopaldas and Another v Sukanda Sutisna, OS 759/2007, [2007] SGHC 224
6. Timeline
| Date | Event |
|---|---|
| Exclusive Authorization to Sell agreement signed | |
| Property advertised for sale in The Straits Times | |
| Plaintiffs made an offer to purchase the property | |
| Option to purchase signed by the defendant | |
| Ng delivered the Option to the plaintiffs | |
| Plaintiffs lodged a caveat against the Property | |
| Plaintiffs inspected the property | |
| Plaintiffs exercised the Option | |
| Legal21 rejected the exercise of the Option | |
| Plaintiffs filed summons | |
| Court granted declarations in favor of the plaintiffs | |
| Decision Date |
7. Legal Issues
- Validity of Option to Purchase
- Outcome: The court held that the defendant had granted a valid option to purchase expiring on 15 April 2007.
- Category: Substantive
- Sub-Issues:
- Expiry date of option
- Authority of agent to fill in expiry date
- Valid Exercise of Option
- Outcome: The court held that the plaintiffs had validly exercised the option on 11 April 2007.
- Category: Substantive
- Sub-Issues:
- Timeliness of exercise
- Acceptance of deposit
8. Remedies Sought
- Declarations that the Defendant had granted the Plaintiffs a valid and effective option to purchase the property
- Declarations that the Plaintiffs had validly exercised the Option
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Real Estate Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Option to Purchase
- Expiry Date
- Housing Agent
- Exercise of Option
- Property Sale
- 14-day option period
15.2 Keywords
- option to purchase
- property
- real estate
- contract
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Option to Purchase | 90 |
| Contract Law | 80 |
| Property Law | 75 |
| Civil Procedure | 65 |
| Breach of Contract | 60 |
| Sale of Land | 50 |
| Mistake | 40 |
| Rescission | 30 |
| Estoppel | 30 |
16. Subjects
- Contract Law
- Property Law
- Real Estate Transactions