[1996] SGHC 124

In the High Court of the Republic of Singapore

[1996] SGHC 124

OS 1082/1995

Between

Sum Keong Realty Pte Ltd

… Plaintiff

And

Syed Jafaralsadeg Alhadad

… Defendant

grounds of decision

Land — Caveats — Wrongful lodgment; Land — Registration of title

This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports.

Sum Keong Realty Pte Ltd v Syed Jafaralsadeg Alhadad and Others

[1996] SGHC 124

OS 1082/1995
Chao Hick Tin J
20 June 1996

1 CHAO HICK TIN J

2 Cur Adv Vult

3 This is an application by the plaintiffs to remove a caveat lodged by the defendants against the property known as lot 124-1 TS16 (the property), upon which houses Nos 41 and 43 Dickson Road stood.

... And it is ordered that all those leasehold lots of vacant land, viz 115 lots situate at Syed Allowee Road, 74 lots situate at Serangoon Road and 53 lots situate at Dickson Road and all those freehold lots of vacant land, viz 21 lots situate in the district of Claymore, 2 lots situate at Sunghie Road and Lot No 23 situate at Syed Allie Road andthose two houses bearing Municipal numbers 38 and 39 in Market Street and the two shares which belonged to Syed Abdulrahman bin Allie Al Junied and Syed Aboobakar bin Urmar Al Junied in the house and premises No 44 High Street bought over by the said testator now subject to the trusts of the said Will vest in the said Syed Mohamed bin Abdulrahman bin ahmad Al Junied for the estate herein now vested in the said Syed Abdulrahman bin Allie bin Urmar Al Junied.` (Emphasis added.)

8 Issues

11 Defendants` claim to title

... the vendor is seized or absolutely entitled of the hereditaments ... in fee simple subject to the fifty-three leases for nine hundred and ninety years ... and has agreed with the purchaser for the absolute sale to him of the same ...

... the vendor as beneficial owner hereby conveys into the purchaser all those several pieces of land ... and also all and singular the messuages or dwelling houses or other erections which have been created and are now standing on the said four pieces of land together with the full benefit of the rents now in arrears and henceforth to become due and the covenants services and other the benefits and advantages reserved by and contained in the said fifty-three indenture of leases ...

To hold the hereditaments and premises subject to the said fifty-three indentures Lease and the terms thereby granted unto the purchasers ... And the vendor doth hereby covenant with the purchaser that notwithstanding anything by the vendor done or knowingly suffered he the vendor now hath power to grant all the said premises to the purchaser free from encumbrances except the said leases and that all the said premises may be quietly entered into held and enjoyed by the purchaser without any interruption ... except persons claiming under the said leases ... . (Emphasis added.)

18 Sarkar on Evidence (14th Ed) at pp 736-737:

The probate granted by a competent court is conclusive of the validity and contents of such will and the appointment of executor, until it is revoked, and no evidence can be admitted to impeach it, except in proceedings in the Probate Division, for its revocation.

...

A finding not essential to the judgment in a probate action does not operate as a finding in rem;

...

A decree of the court of probate granting probate and declaring the domicile of the testator, is not, as judgment in rem, conclusive as to domicile, unless the declaration was essential to the grant.

...

In an application for probate the only question for determination is whether the will is genuine or not and it is not the province of the court to determine any question of title, with reference to the property covered by the will.

... And it is ordered that all those leasehold lots of vacant land, viz 115 lots situate at Syed Allowee Road, 74 lots situate at Serangoon Road and 53 lots situate at Dickson Road and all those freehold lots of vacant land, viz 21 lots situate in the district of Claymore, 2 lots situate at Sunghie Road and Lot No 23 situate at Syed Allie Road and those two houses bearing Municipal numbers 38 and 39 in Market Street and the two shares which belonged to Syed Abdulrahman bin Allie Al Junied and Syed Aboobakar bin Urmar Al Junied in the house and premises No 44 High Street bought over by the said testator now subject to the trusts of the said Will vest in the said Syed Mohamed bin Abdulrahman bin ahmad Al Junied for the estate herein now vested in the said Syed Abdulrahman bin Allie bin Urmar Al Junied. (Emphasis added.)

24 Indefeasibility

25(1) Upon the creation of a qualified folio, the Registrar shall enter thereon a caution warning persons dealing with the registered proprietor therein named that the land comprised therein is held subject to any interest which affected it at the date of the creation of that folio, and so long as the caution remains on that folio that land shall be so held.

(2) In favour of any purchaser of an entire estate or interest in any land comprised in a qualified folio who is registered as the proprietor in the qualified folio, a caution entered on the qualified folio whether before or after 1st March 1994 lapses, in respect of that estate or interest, on the expiration of 5 years from the date of the last conveyance which was cancelled by the Registrar upon the creation of the qualified folio. (4) When a caution lapses pursuant to subsection (2), the lapsed caution shall constitute a defunct entry and the Registrar shall, after the lodgment of an application in the approved form made by the proprietor of the land cause an entry to be made in respect of the lapsing of the caution. (5) Upon the lapsing of a caution pursuant to subsection (2), the folio shall cease to be qualified and the land comprised therein shall thenceforth be held subject only to such interests as are registered or notified on the folio and to such interests as are otherwise excepted by section 46.

29 The Singapore Torrens System by Baalman (1961) at p 36, which is relied upon by counsel for the defendants, is no longer applicable in view of the amendments made to s 25 of the Act.

30 Judgment

Chao Hick Tin J

Gan Hian Chye (Allen & Gledhill) for the plaintiffs
Peter Pang and Ronald Choo (Peter Pang & Co) for the defendants