It is prudent to have sufficient funds for a back-up plan when things go awry
An elderly woman and her son were equal owners of a $700,000 flat in Toa Payoh, but the 90-year old woman had been living elsewhere with her eldest daughter for the past two decades.
Her son, a 69 year-old retiree, lived in the flat and had rented out two bedrooms for a total of $1,500 a month, which he used for his living expenses.
This was until 2023 when the daughter asked the High Court for an order to sell the flat because her mother, who was dementia, needed money for medical and nursing care as her condition was worsening.
The daughter, 71, and also a retiree, had insufficient savings and so told the court that the proceeds from the sale of the flat would come in handy for her mother’s long-term care.
However the son objected to the sale, as it would render him homeless. He argued that he was no longer working, had suffered a stroke, and had no means to move out as he would lose his rental income.
The High Court Judge Choo Han Teck noted that the son’s main point was that he would not have sufficient resources for his upkeep if the property were to be sold.
“This, however, must be balanced against the interest of his ailing and aged mother. She cannot be kept out of the property and have the (son) taking over the benefits of ownership entirely. Nothing can be more inequitable,” the judge said.
Hence Justice Choo approved the application to sell the flat, nothing that it would be equitable solution in the circumstances.
(Source: The Straits Times)