Tan Siew Kheng v Teo Kian Kian: Sale of Land & Rights of Co-Owners
In Tan Siew Kheng (personal representative of the estate of Tan Siew Cheng, deceased) v Teo Kian Kian (personal representative of the estate of Tan Siew Hiang, deceased), the High Court of Singapore ordered the sale of a property co-owned by the estates of the deceased, Siew Hiang and Siew Cheng. The claimant, Tan Siew Kheng, sought the sale, which was opposed by Teo Kian Kian, representing Siew Hiang's estate. The court, citing a breakdown in relations and the advanced age of some beneficiaries, found it necessary and expedient to order the sale under s 18(2) of the Supreme Court of Judicature Act. The court rejected the possibility of a compulsory buyout of one co-owner's share by another at valuation, ordering the property to be sold in the open market.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application allowed; sale of property ordered.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Court orders sale of property co-owned by deceased estates due to breakdown in relations, rejecting compulsory buyout of co-owner's share at valuation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Siew Kheng (Personal Representative of the estate of Tan Siew Cheng (deceased)) | Claimant | Individual | Application Allowed | Won | |
| Teo Kian Kian (Personal Representative of Tan Siew Hiang (deceased)) | Defendant | Individual | Application Opposed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chua Lee Ming | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bernard Sahagar s/o Tanggavelu | Lee Bon Leong & Co |
4. Facts
- Siew Hiang and Siew Cheng were registered owners of the property, each owning half a share.
- Siew Hiang passed away in 2015, survived by her daughter Kian Kian and son Yong Kian.
- Siew Cheng passed away in 2022, with the claimant as the executor of her estate.
- Beneficiaries under Siew Cheng’s will are Sam Cheng (20%), the claimant (60%), and Kian Kian (20%).
- Kian Kian and Yong Kian objected to the sale of the property.
- The claimant sought an order for the property to be sold in the open market at or above $2,400,000.00.
5. Formal Citations
- Tan Siew Kheng (personal representative of the estate of Tan Siew Cheng, deceased) v Teo Kian Kian (personal representative of the estate of Tan Siew Hiang, deceased), Originating Application No 204 of 2023, [2023] SGHC 268
6. Timeline
| Date | Event |
|---|---|
| Tan Siew Hiang passed away | |
| Tan Siew Cheng passed away | |
| Court appointed Kian Kian to represent the estate of Siew Hiang | |
| Registrar’s Case Conference indicated Kian Kian and Yong Kian were objecting to the sale of the Property | |
| Judgment delivered | |
| Judgment date |
7. Legal Issues
- Sale of Property
- Outcome: The court ordered the sale of the property in the open market.
- Category: Substantive
- Related Cases:
- [2016] 3 SLR 1222
- [2015] SGHC 229
- [2016] 5 SLR 302
- [2019] SGHC 257
- [2023] 3 SLR 1727
- Compulsory Purchase of Co-owner's Share
- Outcome: The court held that it does not have the power to order a co-owner to compulsorily purchase another co-owner's share at valuation.
- Category: Substantive
- Related Cases:
- [2019] SGHC 257
- [2023] 3 SLR 1727
8. Remedies Sought
- Order for sale of property
- Distribution of proceeds of sale
9. Cause of Actions
- Application for Sale of Property
10. Practice Areas
- Real Estate Law
- Estate Planning
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Su Emmanuel v Emmanuel Priya Ethel Anne and another | Court of Appeal | Yes | [2016] 3 SLR 1222 | Singapore | Cited for the principles to be applied in determining whether a sale was “necessary or expedient” |
| Tan Bee Hoon (executrix for the estate of Quek Cher Choi, deceased) and another v Quek Hung Heong and others | High Court | Yes | [2015] SGHC 229 | Singapore | Cited regarding the impracticality of ordering a partition of property when the relationship between the parties has broken down. |
| Sumoi Paramesvaeri v Fleury, Jeffrey Gerard and another | High Court | Yes | [2016] 5 SLR 302 | Singapore | Cited regarding the impracticality of ordering a partition of property when the relationship between the parties has broken down. |
| Tan Chor Hong v Ng Cheng Hock | High Court | Yes | [2019] SGHC 257 | Singapore | Cited for the principle that paragraph 2 of the First Schedule of the SCJA did not empower the court to allow one co-owner to “compulsorily purchase the other co-owner’s share” |
| Sun Yanyuan v Ng Yit Beng | High Court | Yes | [2023] 3 SLR 1727 | Singapore | Cited and respectfully disagreed with to the extent that it decided that the court could order a co-owner to sell his share in a property to another co-owner at valuation regardless of the price that the property could fetch in the open market. |
| Syed Ali Redha Alsagoff (administrator of the estate of Mohamed bin Ali bin Faraj Basalamah, deceased) v Syed Salim Alhadad bin Syed Ahmad Alhadad and others and another matter | High Court | Yes | [1996] 2 SLR 470 | Singapore | Cited for historical context regarding the evolution of property devolution laws. |
| Re Safiah Binte Tahar Also Known As Safiah Binte Taga Deceased | Supreme Court of the Straits Settlements | Yes | [1940] SSLR 253 | Singapore | Cited for guidance on how the court should exercise its discretion to grant its sanction for a sale after the six-year period has expired. |
| Herman Iskandar v Shaikh Esa and another | High Court | Yes | [1992] 2 SLR(R) 395 | Singapore | Cited for historical context regarding the evolution of property devolution laws. |
| Tan Soo Hean v Tan Eng Beng | High Court | Yes | [1980] 04 MC 1 | Singapore | Cited for historical context regarding the evolution of property devolution laws. |
13. Applicable Rules
| Rule Name |
|---|
| Order 4 Rule 4(2) of the Rules of Court 2021 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act 1969 | Singapore |
| Conveyancing and Law of Property Act 1886 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Co-ownership
- Sale in lieu of partition
- Personal representative
- Estate
- Beneficiaries
- Compulsory purchase
- Right of first refusal
- Valuation price
- Open market sale
15.2 Keywords
- Land sale
- Co-ownership
- Partition
- Estate
- Personal representative
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Sale of Land | 90 |
| Personal representatives | 85 |
| Wills and Probate | 80 |
| Property Law | 75 |
| Succession Law | 60 |
| Civil Procedure | 40 |
| Family Law | 30 |
16. Subjects
- Property Law
- Estate Law
- Civil Procedure