Rasalingam Letchumee v The Estate of Jaganathan Rajendaran: Proprietary Estoppel & Intestate Succession Dispute

In Rasalingam Letchumee v The Estate of the Late Jaganathan Rajendaran and Shankar s/o Rajendran, the High Court of Singapore heard a claim by Rasalingam Letchumee against the estate of her deceased son, Jaganathan Rajendaran, and his son, Shankar s/o Rajendran, for proprietary estoppel over the deceased's flat and other assets. The defendants counterclaimed for unjust enrichment. The court dismissed the plaintiff's claim and the defendant's counterclaim, upholding the principle of intestate succession.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Plaintiff's claim dismissed; defendants' counterclaim dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Proprietary estoppel claim over deceased's flat and assets. Court rejects claim, upholding intestate succession. Unjust enrichment counterclaim dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Rasalingam LetchumeePlaintiff, Defendant in CounterclaimIndividualClaim DismissedLost
The Estate of the Late Jaganathan Rajendaran, DeceasedDefendant, Plaintiff in CounterclaimTrustCounterclaim DismissedLost
Shankar s/o RajendranDefendant, Plaintiff in CounterclaimIndividualCounterclaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Rajwin Singh SandhuRajwin & Yong LLP
Wang LianshengBih Li & Lee LLP
Valerie GohBih Li & Lee LLP

4. Facts

  1. The plaintiff, Rasalingam Letchumee, is the mother of the deceased, Jaganathan Rajendaran.
  2. The second defendant, Shankar s/o Rajendran, is the deceased’s only son and the plaintiff’s grandson.
  3. The deceased died intestate following a traffic accident on 31 July 2019.
  4. The deceased owned a flat in Tanjong Pagar and had assets in POSB and OCBC accounts.
  5. The plaintiff claimed the flat and other assets based on proprietary estoppel, alleging the deceased represented he would give them to her.
  6. The defendants counterclaimed for S$181,608.01, alleging unauthorized withdrawals from the deceased's accounts.
  7. The plaintiff admitted to instructing her daughter to withdraw monies from the deceased's POSB and OCBC accounts after his death.

5. Formal Citations

  1. Rasalingam Letchumee v The estate of the late Jaganathan Rajendaran, deceased and another, Suit No 639 of 2021, [2022] SGHC 320

6. Timeline

DateEvent
Deceased and his ex-wife were married.
Mr Shankar was born.
Divorce was finalised.
Transfer of interest in the flat to the Deceased was registered.
Deceased was involved in a traffic accident.
Deceased's death was certified.
Grant of Letters of Administration was issued.
Originating Summons filed.
Injunction granted restraining eviction from the Tanjong Pagar flat.
Defendants applied for Originating Summons to be converted to a writ.
Defendants applied for Mdm Rasalingam’s claim to be struck out.
Application to strike out Mdm Rasalingam's claim was granted.
Mdm Rasalingam appealed.
Order made by consent that Originating Summons be converted to a writ action.
Defendants applied for the injunction to be set aside.
Plaintiff's present solicitor was instructed on the matter.
Trial began.
Trial continued.
Trial continued.
Judgment issued.

7. Legal Issues

  1. Proprietary Estoppel
    • Outcome: The court found that while representations were made, detrimental reliance was not established, and therefore the claim in proprietary estoppel failed.
    • Category: Substantive
    • Related Cases:
      • [2019] 1 SLR 908
      • [2016] 5 SLR 302
      • [2021] SGHC 76
      • [2021] 1 SLR 970
      • [2007] 1 SLR(R) 292
      • [2009] 1 WLR 776
  2. Unjust Enrichment
    • Outcome: The court dismissed the counterclaim for unjust enrichment, finding that the withdrawals were done in accordance with the Deceased’s express wishes.
    • Category: Substantive
    • Related Cases:
      • [2016] 3 SLR 845
      • [2013] 3 SLR 801
      • [2022] 1 SLR 136
  3. Intestate Succession
    • Outcome: The court held that by operation of the Intestate Succession Act, Mr Shankar is the sole beneficial owner of the Tanjong Pagar flat and the Other Assets.
    • Category: Substantive

8. Remedies Sought

  1. Declaration of entitlement to the Tanjong Pagar flat or sale proceeds
  2. Declaration of entitlement to all other assets of the Deceased
  3. Damages to be assessed
  4. The sum of S$181,608.01
  5. Account of sums withdrawn from the Deceased’s bank accounts
  6. Damages to be assessed

9. Cause of Actions

  • Proprietary Estoppel
  • Unjust Enrichment

10. Practice Areas

  • Civil Litigation
  • Estate Planning
  • Probate Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Geok Hong Co Pte Ltd v Koh Ai Gek and othersHigh CourtYes[2019] 1 SLR 908SingaporeCited for the elements to establish a claim in proprietary estoppel.
Sumoi Paramesvaeri v Fleury, Jeffrey Gerard and anotherHigh CourtYes[2016] 5 SLR 302SingaporeCited for the elements to establish a claim in proprietary estoppel and the consideration of detriment.
Ong Chai Koon and others v Ong Chai SoonHigh CourtYes[2021] SGHC 76SingaporeCited for the elements to establish a claim in proprietary estoppel and the requirement of representation.
Letchimy d/o Palanisamy Nadasan Majeed (alias Khadijah Nadasan) v Maha Devi d/o Palanisamy Nadasan (administrator of the estate of Devi d/o Gurasamy, deceasedHigh CourtYes[2021] 1 SLR 970SingaporeCited for the principle that there is no legal requirement for a representor to have intended for the representations to be acted upon, and purely oral promises would suffice.
Hong Leong Singapore Finance Ltd v United Overseas Bank LtdCourt of AppealYes[2007] 1 SLR(R) 292SingaporeCited for the principle that conduct, including silence, or acquiescence can amount to an implied representation and the overarching inquiry of unconscionability for proprietary estoppel.
Thorner v MajorHouse of LordsYes[2009] 1 WLR 776United KingdomCited for the principle that there must be a sufficient link between the promise and the conduct.
R v LucasCourt of AppealYes[1981] QB 720England and WalesThe court stated that it did not see how this authority can be relevant by any stretch of the imagination as R v Lucas pertains to when a lying statement can amount to corroboration of other evidence against an accused person.
Letchimy d/o Palanisamy Nadasan Majeed (alias Khadijah Nadasan) v Maha Devi d/o Palanisamy Nadasan (administrator of the estate of Devi d/o Gurusamy, deceased)High CourtYes[2020] SGHC 132SingaporeCited for the principle that a claim founded on proprietary estoppel can be a legitimate course of action against the Deceased’s estate.
Low Heng Leon Andy v Low Kian Beng Lawrence (administrator of the estate of Tan Ah Kng, deceased)High CourtYes[2013] 3 SLR 710SingaporeCited for the principle that a claim founded on proprietary estoppel can be a legitimate course of action against the Deceased’s estate.
Singapore Swimming Club v Koh Sin Chong FreddieCourt of AppealYes[2016] 3 SLR 845SingaporeCited for the elements to make out a cause of action in unjust enrichment.
Wee Chiaw Sek Anna v Ng Li-Ann GenevieveCourt of AppealYes[2013] 3 SLR 801SingaporeCited for the elements to make out a cause of action in unjust enrichment.
V Nithia (co-administratrix of the estate of Ponnusamy Sivapakiam, deceased) v Buthmanaban s/o Vaithilingam and anotherCourt of AppealYes[2015] 5 SLR 1422SingaporeCited for the general rule that parties be bound by their pleadings.
Esben Finance Ltd and others v Wong Hou-Lianq NeilCourt of AppealYes[2022] 1 SLR 136SingaporeCited for the question of whether the lack of consent, in and of itself, can be considered an unjust factor.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Intestate Succession ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Proprietary Estoppel
  • Intestate Succession
  • Detrimental Reliance
  • Unjust Enrichment
  • Withdrawals
  • Representations
  • Administrator
  • Beneficiary

15.2 Keywords

  • proprietary estoppel
  • intestate succession
  • estate
  • flat
  • assets
  • unjust enrichment
  • Singapore

17. Areas of Law

Area NameRelevance Score
Proprietary Estoppel90
Intestate succession80
Succession Law75
Distribution of assets70
Estoppel65
Unjust Enrichment60
Property Law50
Passing of property40
Civil Procedure30

16. Subjects

  • Probate and Administration
  • Equity
  • Personal Property