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 Judges1.2 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 Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
The Law Society of Singapore | Applicant | Statutory Board | Application Granted | Won | |
Kasturibai d/o Manickam | Respondent | Individual | Suspension for 12 months | Lost | A Rajandran of A Rajandran |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Sundaresh Menon | Chief Justice | No |
Steven Chong | Justice of the Court of Appeal | No |
Belinda Ang Saw Ean | Justice of the Court of Appeal | Yes |
4. Counsels
4. Facts
- Ms. Kasturibai, a solicitor, falsely attested signatures on six documents related to a property sale.
- The complainant, Ms. Santha Devi, lodged a complaint with the Law Society regarding the distribution of sale proceeds.
- Ms. Kasturibai admitted to falsely attesting the signatures in the complainant's absence.
- The Disciplinary Tribunal found Ms. Kasturibai guilty of grossly improper conduct.
- Ms. Kasturibai did not dispute that due cause had been shown against her.
- Ms. Kasturibai signed as witness on six documents in total, albeit they related to the same transaction.
- Ms Kasturibai accepted that her false attestation misled another firm of lawyers, Advent.
5. Formal Citations
- Law Society of Singapore v Kasturibai d/o Manickam, Originating Application No 6 of 2022, [2024] SGHC 55
6. Timeline
Date | Event |
---|---|
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
- 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
- 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
- Disciplinary Sanction
9. Cause of Actions
- Grossly Improper Conduct
10. Practice Areas
- Regulatory Law
- Professional Conduct
11. Industries
- Legal
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Law Society of Singapore v Chia Choon Yang | Court of Appeal | Yes | [2018] 5 SLR 1068 | Singapore | Cited for the principles to be applied in imposing sanctions under s 83(1) of the LPA. |
Law Society of Singapore v Mohammed Lutfi bin Hussin | Court of Three Judges | Yes | [2023] 3 SLR 509 | Singapore | Cited 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 another | Court of Appeal | Yes | [2017] 4 SLR 707 | Singapore | Cited 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 Pambayan | Court of Appeal | Yes | [2022] 4 SLR 462 | Singapore | Cited 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 Name | Jurisdiction |
---|---|
Legal Profession Act 1966 | Singapore |
Land Titles Act 1993 | Singapore |
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
Area Name | Relevance Score |
---|---|
Disciplinary Proceedings | 90 |
Legal Profession Act | 90 |
Show cause action | 80 |
Evidence | 30 |
Civil Procedure | 20 |
16. Subjects
- Legal Ethics
- Professional Responsibility
- Regulatory Law