Imran Garrib v (1) Palwontee Lallbeeharry (otherwise Lallbeeharry Pallwontee) (2) The Royal Bank of Scotland (Alteration and rectification of the register : Forgery and fraud) [2017] EWLandRA 2016_0515 (05 December 2017)
Claim to rectify the register to reinstate Applicant as registered proprietor. 1st Respondent was living in the property. Transfer from Applicant into the name of 1st Respondent had been executed by Applicant’s brother (who was married to 1st Respondent) purporting to act under a power of attorney. It was found that the signature on the power of attorney was not that of Applicant; it was a forgery. There was a mistake on the register. It was not found that 1st Respondent knew the power of attorney was a forgery. 1st Respondent had lied to the bank in order to obtain a mortgage but it was held that 1st Respondent had not caused or substantially contributed to the mistake through that or any other fraud or want of proper care.
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