LITT
Try LITT free
Def.
Lex-O-Pedia
Can a Tenant Compel Specific Performance of a Notarised Lease Deed?
Since the 2018 amendment, specific performance is the rule, not the exception. What a tenant holding a notarised but repudiated lease deed must plead and prove: readiness and willingness, mandatory injunction, interim protection and court fees.
Read full entry →
Def.
Lex-O-Pedia
Can a Co-Owner Force the Sale of Jointly Owned Property in Singapore?
A co-owner of land in Singapore can apply for a court-ordered sale in lieu of partition where it is necessary or expedient. How the "necessary or expedient" test works, what happens when a co-owner is deceased with an unadministered estate or lacks mental capacity, and why an uncooperative co-owner
Read full entry →
Def.
Lex-O-Pedia
When Will a Court Cancel a Sale Deed?
Sections 31 to 33 of the Specific Relief Act let courts cancel void or voidable sale deeds. The recognised grounds, the void-voidable divide, the three-year limitation rule, burden of proof, and when refund of consideration is ordered.
Read full entry →
Def.
Lex-O-Pedia
Is a "Right to Use" Agreement Really Different from a Sub-Lease of Immovable Property?
Parties often style long-term occupation arrangements as "Right to Use" agreements to avoid the consequences of a sub-lease. Whether that label holds depends on substance: exclusive possession, registration, GST, TDS and the covenants in the head lease.
Read full entry →
Def.
Lex-O-Pedia
Do Revenue-Sharing and Income-Assignment Structures on Leasehold Property Survive Tax Scrutiny?
A lessee lets a company operate from leased premises for a revenue share, then assigns the income to a partnership firm. Each step is lawful in isolation; together they invite recharacterisation as application of income, TDS disputes, GST mismatches and GAAR scrutiny.
Read full entry →
Singapore
Wong Kia Meng (trading as Smart Tuition Centre) v Seet Siow Luan and Others [2004] SGHC 112
The court held that the plaintiff was merely a nominal owner of the business, holding it on trust for the first defendant, who was the true beneficial owner.
·
·13 min read
Singapore
Tong Djoe @ Tong Lian Joo v Hua Ann Brothers Pte Ltd [2002] SGHC 243
The court dismissed the plaintiff's claim for a lifetime right to occupy a property owned by a company in liquidation, finding no binding arrangement existed and the plaintiff failed to discharge the burden of proof.
·
·14 min read
Def.
glossary
Solatium
What is Solatium and why is it so important in land acquisition cases
Read full entry →
Singapore
The Management Corporation Strata Title No 607 v Tan Kia Sai and Others [2000] SGHC 156
The court determined the scope of an easement granted in a deed of indenture, holding that it included the right to park vehicles but not to store goods.
·
·12 min read