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High Court dismisses family's tussle over HDB flat

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Updated: 10/17/2013 17:47 | By Channel NewsAsia

High Court dismisses family's tussle over HDB flat

MdmEileen0305e.jpg


Madam Eileen Chia Yoke Mui (in wheelchair), 91, widow of the late Dennis Goh Chin Chye, a pioneer of the scouts movement, is asking the court to declare invalid the transfer of part of a five-room Housing Board flat to her two daughters, Madam Yvonne Goh Mei Ling and Madam Yvette Goh Meich’ang. The Housing Board officer who processed the disputed transfer of a five-room flat said that it is standard procedure to explain all implications before parties sign documents. -- ST FILE PHOTO: ALPHONSUS CHERN

SINGAPORE: The High Court has dismissed an elderly widow's claim that she was coerced into making her two daughters joint tenants of a five-room flat in Clementi.

91-year-old Eileen Chia Yoke Mui - the widow of scouting pioneer Dennis Goh Chin Chye - had sought to have the daughters' joint tenancy declared invalid.

She had insisted it was never her husband's nor her intention to have her children as joint tenants while they were still alive, and that she eventually relented because her daughters badgered and harassed her.

Mr Goh died in March this year at the age of 94.

On Wednesday evening, High Court Judge Quentin Loh dismissed Madam Chia's case.

He said he found that it was the clear intention of the plaintiffs to make their daughters - 62-year-old Yvonne Goh and 52-year-old Yvette Goh - joint tenants.

In his brief oral grounds of decision, he also found - based on the evidence of HDB officers - the elderly plaintiffs had understood the nature of the transaction and the consequences.

"Dennis Goh and Mrs Goh were not persons who were likely to have been led like sheep," said the judge.

"In particular, Dennis Goh was an intelligent and educated person who knew the ways of the world, and who by all accounts, tended to be firm in his own views and in doing what he wanted until old age and infirmity incapacitated him," Justice Loh added.

The judge also pointed out that both daughters had left Singapore at the time the transfer was executed in March 2010.

Therefore, Mr Dennis Goh and his wife could not have been under any stress or pressure when they executed the transfer.

He noted that Mr Goh's decision to include the names of both his daughters to the title happened shortly after they planned and organised a surprise party for him for his 90th birthday.

"It was in the aftermath of this happy occasion that he decided to effect the transfer in favour of them," said Justice Loh.

Justice Loh also noted he had "more than a strong suspicion" that Mr Goh's two sons were the driving force behind the litigation - which was the case put forward by the sisters.

For example, one of the sons - Eric Goh - had followed the proceedings with keen interest and had taken active steps to find evidence to counter the case put forward by his sisters.

The judge also noted that Mr Eric Goh and his wife had paid for the initial litigation fees - to the tune of S$60,500.

Mr Eric Goh's wife said they would come up with the money first, and Madam Chia would pay them back later.

The rest of the fees were paid by remittances from Madam Chia's bank account.

But when questioned on the stand by the judge, Madam Chia admitted that she never asked the law firm how much it was charging and did not know how much had been incurred so far.

Lawyers Alfred Dodwell and Terence Tan - who represented the Goh daughters - said they have been instructed to examine the potential of pursuing costs against Mr Eric Goh and his wife, as well as the other brother Evan Goh, after studying the brief oral grounds. - CNA/xq

 

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