Support Site for The Unemployed & Underemployed
Friday November 29th 2019

Elderly Singaporean evicted by son after gifting away his flat

Good day Sir,

My name is Phillip, 59 years old today and only next year in July 2016, I will be 60 years old.

I am appealing to you for advice/assistance view – I have approached MP, Lawyers, Legal Aid and the standard word is “High court Order” given, nothing can be done.

If another father like me is facing similar situation in United States he would go and purchase fire arm and blast his son to hell regardless what Obama says.

If in Syria maybe he would approach the ISIS, In Italy, the Mafia, in Japan, Yakuza but since I am Singaporean I am approaching you, Chief Justice Of Singapore, from my status of a father to another father or a Singaporean to another Singaporean.

Past 6 years I was working full time in China and Indonesia. One of the main reasons is foreign talent are flooding the market and even though my kind of position are plenty in Jobs Bank, foreign talent block your entry.

One good example is since April 2015 after returning back from China I was un-employed till 22/10/2015,  a friend offered me a job at half my normal income.

I have my passport and letters from companies concerned to prove I was indeed working overseas.

 1) Wife filed for divorce and finalised on 28/8/2012. At that time I was working at Kalimantan, Indonesia and hire lawyer DG Law LLC, Danny who was not following the case closely.

I discharged him and work with my wife’s lawyer CT Chen of Acies Law to sign documents confirming transfer the flat to my wife and son and maintenance of $ 800 per month.

No requirement to refund back to CPF from all parties.

Main reason at that time, I felt sorry for them, I was away most of my time working overseas, but what can one do when we are past 55. I am 59 years old now.

2) 29/5/2013 – HDB request all 3 parties (wife, son and myself) to be present at HDB Tampines Office to sign documents for complete transaction on 25/6/2013.

Total there are 2 documents to be signed on different days to complete the transfer.

3) Two days before documents were to be signed on 25/6/2013, my wife died in her sleep on 23/6/2013. At that time I was at Oman inspecting ship and immediately flew back to Singapore.

4) I arrived back Singapore and met my son at the flat, Blk xxx. After 2 days he left the house and stayed in army camp or his friend’s place I do not know. He was serving full time national service and completed in December 2014.

We did not meet again until eviction date at my flat on 19/6/2015.

5) A hired Netto & Magin LLC and I was hauled to High Court. ( Miss Lucy)

6) I engaged Lee and Lee and they took my deposit of $ 3000. At that time I was working in Indonesia and they called me up saying I need to pay more as the case will be going to High Court.  I returned back to Singapore and when I go to their office they informed me they will not be representing me, refund my fees and charge me $ 1000.

7) I went for High Court hearing in Feb 2014 and Lucy claimed in her documents I was away in Philippines for past 4 to 5 years and not really working.

I said nothing as end of the day I was hoping my son when he comes out from National service we could chat and sort it out.

8) Suddenly out of the blue early June 2015, I was away in Indonesia I was told an “eviction notice ” was stuck on my door and I have to be evicted on 19/6/2015.

Note - I send a note to HDB I will pay for the outstanding mortgage payment and then Netto will come out with eviction note. (31/5/2015 , attached email)

9) On day of eviction , pictures attached and my son told me in front of all the people “say good bye to your half a million dollar flat.

10) I have no roof and went to HDB for rental flat on the day of eviction. They say I don’t qualify because my 2nd wife is Indonesian as I remarry last year.

From June 2015 to September 2015, I rent a place to stay and push HDB for studio flat express. Finally I was given a studio flat at Choa Chu Kang on 21/9/2015 but must pay full amount of $ 79,998.

  • Imagine if I don’t have the cash from CPF and hard cash, I will be homeless, driven to 5 foot way by ONLY SON.

11) What I understand is my Tampines flat is worth $ 500,000 plus , minus, (150 m2) and there is still a mortgage of $ 100,000 plus and my son fresh from national service cannot pay and have to sell the flat.

During High Court time, I ask Lucy how is my son going to pay mortgage and her answer is maybe my wife bought insurance for the house.

My son and me never had any big fight or argument in his entire life and suddenly his mind does a 361 degrees turn around.

On his 21st birthday, I flew down from Kalimantan and gave him $ 10,000 cash birthday present and his mother as well. (documents attached)

At home, I also provide game equipment worth $ 4500 so that he needs not go cafe to play games but invite his friends over and order fast food.

I was the provider but nature of my job is I have to be away full time.

12) Recently I asked HDB what is happening and I noticed whenever I prompt HDB, Netto will come back with a request.

This time request is for me to go down and sign over the flat to my son for him to sell and pocket the $ 500,000.(attached document)

Which father alive would agree sir?

13) Is Lucy pushing for her fees as he was doing national service when she took the case?

14) I will be 60 years old on 14/7/2016 and my bones are not that strong. My savings are down and can I ask the Court to review the whole situation and if my son sells the flat, I get a share as in the first place, I was generous to him and the mother.

I gave the flat for them to stay not for sale and pocketing my share of $ 350,000 from CPF for the Tampines flat.

Please advise if there is a case to fight for review.

15) Lucy & HDB  РI have requested meeting them with my son but they refused to co-operate in any way.

Their actions make the father – childless and son – no parents and grandparents in his life forever.

Thanks

Phillip

******

Dear Mr Ng

We refer to your email dated 6 December 2015.

2          We note the following from the court documents:

a)    You left your HDB flat on your own accord in 2003. When you returned in 2004, you were not allowed to enter the house because of your alleged desertion and infidelity;

b)    Your ex-wife,  commenced divorce proceedings against you in 2011. The divorce was finalised on 28 August 2012. You consented to an Order of Court by which you would transfer all your rights, share and title to the property to your ex-wife and son  and repay the whole of your CPF contributions that were withdrawn towards the purchase of the flat, together with interest;

c)    The transfer of the Property was scheduled for 25 June 2013.  However, the transfer could not take place because your ex-wife passed away on 23 June 2013. Your son subsequently applied to court for an order that you transfer the property to him;

d)    On 25 February 2014, the Court declared your son as the sole and rightful owner of the property and that you were to transfer your rights, share and title to the property to him as was ordered in the divorce proceedings.  You were also ordered to vacate the premises within 6 weeks by 8 April 2014; and

e)    You vacated the property only after a Writ of Possession was issued against you on 27 May 2015.

3¬†¬†¬†¬†¬†¬†¬†¬†¬† We also note that you did not file any affidavits to challenge any of the allegations made by your son in his application.¬† We are not in any position to advise you on whether ‚Äúthere is a case to fight for review‚ÄĚ. This requires legal advice for which a practising lawyer is best placed to advise you. You may wish to seek the advice of a lawyer. A directory of practising lawyers, maintained by the Law Society of Singapore is available at http://www.lawsociety.org.sg. You can contact them at 6538 2500 or email them¬† at lawsoc@lawsoc.org.sg. If required, the Law Society‚Äôs Pro Bono Services Office provides legal assistance to those in need in our community. They can be reached at 6536 0650 or via email at probonoservices@lawsoc.org.sg. Alternatively, you may approach the Legal Aid Bureau at 1800-3251424 or via email at lab_enquiry@lab.gov.sg.

Yours Sincerely,

Julie Sim

Quality Service Manager

Supreme Court

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