Law Society of Singapore v Kasturibai: Disciplinary Proceedings for False Attestation in Property Sale

In Law Society of Singapore v Kasturibai d/o Manickam, the Court of 3 Supreme Court Judges addressed an application by the Law Society of Singapore to sanction Ms. Kasturibai for falsely attesting signatures on six documents related to a property sale. The court found Ms. Kasturibai's actions warranted disciplinary action and ordered her suspension for 12 months.

1. Case Overview

1.1 Court

Court of 3 Supreme Court Judges

1.2 Outcome

Ms Kasturibai be suspended for a period of 12 months.

1.3 Case Type

Regulatory

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Law Society sanctions Kasturibai for falsely attesting signatures on property sale documents. The court suspended her for 12 months.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
The Law Society of SingaporeApplicantStatutory BoardApplication GrantedWon
Kasturibai d/o ManickamRespondentIndividualSuspension for 12 monthsLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Steven ChongJustice of the Court of AppealNo
Belinda Ang Saw EanJustice of the Court of AppealYes

4. Counsels

4. Facts

  1. Ms. Kasturibai, a solicitor, falsely attested signatures on six documents related to a property sale.
  2. The complainant, Ms. Santha Devi, lodged a complaint with the Law Society regarding the distribution of sale proceeds.
  3. Ms. Kasturibai admitted to falsely attesting the signatures in the complainant's absence.
  4. The Disciplinary Tribunal found Ms. Kasturibai guilty of grossly improper conduct.
  5. Ms. Kasturibai did not dispute that due cause had been shown against her.
  6. Ms. Kasturibai signed as witness on six documents in total, albeit they related to the same transaction.
  7. Ms Kasturibai accepted that her false attestation misled another firm of lawyers, Advent.

5. Formal Citations

  1. Law Society of Singapore v Kasturibai d/o Manickam, Originating Application No 6 of 2022, [2024] SGHC 55

6. Timeline

DateEvent
Property sold
Letter of confirmation dated
Seller’s stamp duty declaration form dated
Letter of authority dated, authorising the payment of the net sale proceeds to EALC
Letter of authority dated, authorising the distribution of sale proceeds
Statement of account dated
Originating Application No 6 of 2022
Parties heard
Grounds of decision delivered
Suspension commence
Suspension commence

7. Legal Issues

  1. Professional Misconduct
    • Outcome: The court found that Ms. Kasturibai's actions constituted professional misconduct.
    • Category: Substantive
    • Related Cases:
      • [2018] 5 SLR 1068
      • [2023] 3 SLR 509
      • [2017] 4 SLR 707
      • [2022] 4 SLR 462
  2. False Attestation
    • Outcome: The court held that Ms. Kasturibai's false attestation of documents amounted to professional misconduct.
    • Category: Substantive
    • Related Cases:
      • [2023] 3 SLR 509
      • [2017] 4 SLR 707
      • [2022] 4 SLR 462

8. Remedies Sought

  1. Disciplinary Sanction

9. Cause of Actions

  • Grossly Improper Conduct

10. Practice Areas

  • Regulatory Law
  • Professional Conduct

11. Industries

  • Legal

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Law Society of Singapore v Chia Choon YangCourt of AppealYes[2018] 5 SLR 1068SingaporeCited for the principles to be applied in imposing sanctions under s 83(1) of the LPA.
Law Society of Singapore v Mohammed Lutfi bin HussinCourt of Three JudgesYes[2023] 3 SLR 509SingaporeCited to argue for a 30-month suspension, but distinguished by the court due to the absence of a similar conveyancing 'system' in place by Ms Kasturibai.
Law Society of Singapore v Sum Chong Mun and anotherCourt of AppealYes[2017] 4 SLR 707SingaporeCited as a case of false attestation, but distinguished because the solicitor falsely attested to witnessing signatures of persons who were not clients and whom they had never met.
Law Society of Singapore v Thirumurthy Ayernaar PambayanCourt of AppealYes[2022] 4 SLR 462SingaporeCited as a more appropriate precedent, where a solicitor was suspended for nine months for falsely attesting that the complainant had signed a power of attorney in his presence.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Legal Profession Act 1966Singapore
Land Titles Act 1993Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • False attestation
  • Disciplinary proceedings
  • Professional misconduct
  • Conveyancing transaction
  • Certificate of correctness
  • Legal Profession Act
  • Law Society of Singapore

15.2 Keywords

  • disciplinary
  • law society
  • false attestation
  • legal profession
  • singapore

17. Areas of Law

16. Subjects

  • Legal Ethics
  • Professional Responsibility
  • Regulatory Law