Chan Gek Yong v Chan Gek Lan: Resulting Trusts & Property Ownership Dispute
In a dispute between sisters Chan Gek Yong and Chan Gek Lan, the High Court of Singapore addressed the ownership of a property at 46-A Hillside Drive. Chan Gek Yong sought a declaration that she was the beneficial owner of 65% of the property, while Chan Gek Lan initially counterclaimed that the property was held in trust for their brothers. The court, Woo Bih Li J, dismissed Chan Gek Yong's claim, finding insufficient evidence to support her assertion that she had paid for 65% of the property. The court ordered the sale of the property and an equal division of the net proceeds between the sisters.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's claim dismissed; property to be sold and proceeds divided equally.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Sisters dispute ownership of Hillside property. Court dismisses plaintiff's claim for 65% ownership, orders equal division of sale proceeds.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Gek Yong | Plaintiff | Individual | Claim Dismissed | Lost | Chan Gek Yong of Independent Practitioner |
| Chan Gek Lan | Defendant | Individual | Counterclaim Withdrawn | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Gek Yong | Independent Practitioner |
| Koh Hai Keong | Koh & Partners |
4. Facts
- The plaintiff and defendant are sisters and registered as tenants in common in equal shares of a property.
- The plaintiff sought a declaration that she is the legal and beneficial owner of 65% of the property.
- The defendant initially made a counterclaim that the property was held as trustees for three brothers, but withdrew it at trial.
- The father intended to buy the property in 1978 but decided it would be purchased in the sisters' names.
- The plaintiff claimed she paid 65% of the principal sum and the defendant held part of her half share on a resulting trust.
- The defendant alleged the father paid for the property, and the plaintiff did not provide any funds.
5. Formal Citations
- Chan Gek Yong v Chan Gek Lan, Suit 201/2007, [2009] SGHC 20
6. Timeline
| Date | Event |
|---|---|
| Father intended to buy the Hillside property. | |
| Plaintiff filed first affidavit in Originating Summons No. 1677 of 2006. | |
| Plaintiff filed third affidavit in Originating Summons No. 1677 of 2006. | |
| Suit 287 of 2007 filed. | |
| Plaintiff filed a Statement of Claim. | |
| Judgment reserved. |
7. Legal Issues
- Resulting Trust
- Outcome: The court found that even if the plaintiff had provided funds to pay 65% of the purchase price, the presumption of a resulting trust would have been rebutted because she had agreed to the defendant having a legal and beneficial half-share in the Hillside property.
- Category: Substantive
8. Remedies Sought
- Declaration of Ownership
- Order for Sale of Property
- Monetary Payment
9. Cause of Actions
- Declaration of Beneficial Ownership
- Resulting Trust
10. Practice Areas
- Civil Litigation
- Property Disputes
11. Industries
- No industries specified
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
- Resulting Trust
- Tenants in Common
- Beneficial Ownership
- Hillside Property
- Purchase Price
15.2 Keywords
- trusts
- property
- ownership
- sisters
- dispute
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Resulting Trust | 90 |
| Trust Law | 85 |
| Property Law | 75 |
| Succession Law | 20 |
16. Subjects
- Trusts
- Property
- Family Law