Tan Mei Sin v Tan Ah Lim: Administrator's Power of Attorney & Property Sale Dispute
In Tan Mei Sin (suing as administrator of the estate of Tan Kee Sion, deceased) v Tan Ah Lim (by his litigation representative Tan Tang Woon), the General Division of the High Court of Singapore heard the plaintiff's application for the defendant to deliver vacant possession of a property for sale, with proceeds divided equally. The defendant opposed, arguing the plaintiff lacked standing, had not obtained the Singapore Land Authority's extension of time, and had not obtained court approval under the Conveyancing and Law of Property Act. Goh Yihan JC dismissed the plaintiff's application, finding she had standing but lacked the necessary SLA extension and court approval.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Plaintiff's application dismissed with liberty to reapply if the Singapore Land Authority approval and court sanction under section 35(2) of the Conveyancing and Law of Property Act are forthcoming.
1.3 Case Type
Probate
1.4 Judgment Type
Ex tempore judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court addresses if an administrator can delegate powers via power of attorney to sell property. The court dismissed the application due to lack of SLA extension and court approval.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Mei Sin | Plaintiff | Individual | Application Dismissed | Dismissed | |
| Tan Ah Lim | Defendant | Individual | Successful Defense | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The plaintiff, as administrator of the estate, sought to sell the estate's half share in a property.
- The defendant, a beneficiary of the estate, opposed the sale.
- The plaintiff had not obtained an extension of time from the SLA to sell the property.
- The plaintiff had not obtained court approval under s 35(2) of the CLPA.
- The plaintiff had delegated powers to sell the property via power of attorney.
- The defendant has a history of mental retardation.
5. Formal Citations
- Tan Mei Sin (suing as administrator of the estate of Tan Kee Sion, deceased) v Tan Ah Lim (by his litigation representative Tan Tang Woon) and another matter, Originating Summons No 958 of 2021 (Summons No 1297 of 2022), [2022] SGHC 183
6. Timeline
| Date | Event |
|---|---|
| Plaintiff wrote to the defendant informing him of appointing a realtor to investigate the sale of the property. | |
| Follow-up correspondence addressed to Mr. Tan. | |
| SLA responded in a letter to extend time for previous extension. | |
| Plaintiff sent a third letter to Mr Tan and the Occupier(s) of the property. | |
| Affidavit of Tan Mei Sin filed. | |
| Originating Summons No 958 of 2021 filed. | |
| Summons No 1297 of 2022 filed. | |
| Hearing of the parties. | |
| Judgment issued. |
7. Legal Issues
- Delegation of Powers by Administrator
- Outcome: The court held that an administrator may delegate powers via a power of attorney, except for non-delegable functions as set out in s 41(B)(2) of the Trustees Act.
- Category: Substantive
- Sub-Issues:
- Non-delegable functions
- Power of attorney
- Compliance with Residential Property Act
- Outcome: The court found that the plaintiff had not obtained the required extension of time from the SLA, a key requirement under s 3(4) of the Residential Property Act.
- Category: Substantive
- Sub-Issues:
- Extension of time from SLA
- Sale of estate interest
- Compliance with Conveyancing and Law of Property Act
- Outcome: The court found that the plaintiff had not sought the requisite sanction under s 35(2) of the Conveyancing and Law of Property Act.
- Category: Substantive
- Sub-Issues:
- Court approval under s 35(2)
- Locus Standi of Administrator
- Outcome: The court held that the plaintiff had standing in the case, as the relevant powers to sell the estate's share in the property and commence proceedings are delegable.
- Category: Procedural
8. Remedies Sought
- Order for defendant to deliver vacant possession of property
- Order for sale of property
9. Cause of Actions
- Application for Sale of Property
- Application for vacant possession of property
10. Practice Areas
- Estate Administration
- Real Estate Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Syed Ali Redha Alsagoff (administrator of the estate Mohamed bin Ali bin Farj Basalamah, deceased) v Syed Salim Alhadad bin Syed Ahmad Alhadad and others and another matter | High Court | Yes | [1996] 2 SLR(R) 470 | Singapore | Cited to define an administrator as the personal representative appointed by the court to administer the property of the deceased. |
| Tacplas Property Services Pte Ltd v Lee Peter Michael (administrator of the estate of Lee Ching Miow, deceased) | Court of Appeal | Yes | [2000] 1 SLR(R) 159 | Singapore | Cited to support the argument that the office of a personal representative is not assignable as it is not an office of personal trust. |
| Combe’s Case | N/A | Yes | (1604) 9 Co 75 | N/A | Cited for the common law rule that where a power of sale was given to executors, they could not contract to sell by attorney. |
| Green v Whitehead | N/A | Yes | [1930] 1 Ch 38 | N/A | Cited for the common law rule that where a power of sale was given to executors, they could not contract to sell by attorney. |
| Wanchee Incheh Thyboo v Golam Kader | N/A | Yes | (1883) 1 Ky 611 | N/A | Cited to support the proposition that trusteeship begins where the assets have been called in and they have all been vested in the personal representative. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Residential Property Act (Cap 274, 2009 Rev Ed) | Singapore |
| Trustees Act (Cap 337, 2005 Rev Ed) | Singapore |
| Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Administrator
- Power of Attorney
- Delegation of Powers
- Residential Property Act
- Trustees Act
- Conveyancing and Law of Property Act
- Singapore Land Authority
- Extension of Time
- Court Sanction
- Locus Standi
15.2 Keywords
- Administrator
- Power of Attorney
- Property Sale
- Singapore
- Probate
- Estate
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Estate Administration | 80 |
| Wills and Probate | 75 |
| Personal representatives | 70 |
| Delegation of Powers | 65 |
| Property Law | 60 |
| Sale of Land | 55 |
| Civil Practice | 50 |
| Family Law | 20 |
16. Subjects
- Probate and Administration
- Trusts
- Real Property