Abdul Salam v Napisah: Gift Dispute Over Property Proceeds
In the General Division of the High Court of Singapore, Abdul Salam bin Mohamed Kunhi sued Napisah bte Chukor, alleging she held proceeds from the sale of two properties on trust for him. The court, presided over by Kannan Ramesh J, found that both properties were gifts from Abdul Salam to Napisah. Consequently, the court dismissed Abdul Salam's action.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Action Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
A dispute over property sale proceeds. The court found the properties were gifts from Plaintiff to Defendant, dismissing the action.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Abdul Salam bin Mohamed Kunhi | Plaintiff | Individual | Claim Dismissed | Lost | Mohamed Hashim H Sirajudeen, Nur Halimatul Syafheqah binte Rosman, Mohammad Shafiq bin Haja Maideen |
| Napisah bte Chukor | Defendant | Individual | Judgment for Defendant | Won | Lim Kim Hong, Lim Teng Jie |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kannan Ramesh | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mohamed Hashim H Sirajudeen | Abdul Rahman Law Corporation |
| Nur Halimatul Syafheqah binte Rosman | Abdul Rahman Law Corporation |
| Mohammad Shafiq bin Haja Maideen | Abdul Rahman Law Corporation |
| Lim Kim Hong | Kim & Co |
| Lim Teng Jie | Kim & Co |
4. Facts
- The parties married in 1981, divorced in 1983, remarried in 1984, and divorced again in 2017.
- The plaintiff was the sole breadwinner, and the defendant was a housewife during their second marriage.
- The parties bought and sold several properties, including a flat at Jurong West and the Teban Gardens flat.
- Corporation Rise was purchased in 2006 with the plaintiff, defendant, and two children as joint tenants.
- The plaintiff announced at the defendant's 50th birthday that Corporation Rise was a gift for her.
- The Teban Gardens flat was sold in 2011, and the proceeds were deposited into the parties' joint account.
- The plaintiff sent an SMS to the defendant in 2014 referencing the Teban Gardens Proceeds as a gift.
5. Formal Citations
- Abdul Salam bin Mohamed Kunhi v Napisah bte Chukor, Suit No 1248 of 2020, [2022] SGHC 143
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties divorced | |
| Parties remarried | |
| Savings Account opened | |
| Salary Account opened | |
| Plaintiff announced purchase of Corporation Rise | |
| Teban Gardens flat sold | |
| Plaintiff closed the Salary Account | |
| $100,000 transferred from Savings Account to UOB Account | |
| Savings Account closed | |
| Parties divorced again | |
| Plaintiff discontinued claims with costs | |
| Trial began | |
| Trial concluded | |
| Judgment reserved |
7. Legal Issues
- Whether Corporation Rise was a gift from the plaintiff to the defendant
- Outcome: The court found that Corporation Rise was a gift from the plaintiff to the defendant.
- Category: Substantive
- Whether the Teban Gardens Proceeds were a gift from the plaintiff to the defendant
- Outcome: The court found that the Teban Gardens Proceeds were a gift from the plaintiff to the defendant.
- Category: Substantive
- Whether any of the plaintiff’s claims that the sale proceeds in question are held on trust by the defendant can be made out
- Outcome: The court found that none of the grounds for a resulting trust, institutional constructive trust or remedial constructive trust were factually sustainable.
- Category: Substantive
8. Remedies Sought
- Declaration of Trust
- Return of Sale Proceeds
9. Cause of Actions
- Breach of Trust
- Resulting Trust
- Constructive Trust
10. Practice Areas
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Yok Koon v Tan Choo Suan and another and other appeals | High Court | Yes | [2017] 1 SLR 654 | Singapore | Cited for the principle that the court has to objectively assess the transferor’s subjective intention at the time of the transfer in determining whether a gift was made. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Housing and Development Act 1959 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Inter vivos gift
- Resulting trust
- Constructive trust
- Joint tenants
- Matrimonial home
- Nafkah
- Presumption of advancement
15.2 Keywords
- Gift
- Trust
- Property
- Sale Proceeds
- Divorce
- Singapore
- High Court
16. Subjects
- Gifts
- Trusts
- Property Law
- Family Law
17. Areas of Law
- Trust Law
- Gift Law