First-tier Tribunal (Property Chamber)

Nurjahan Khatun v Toasir Ali (Beneficial interests, trusts and restrictions : Severance) /Judgments/j1029/REF-2016-0614.pdf (12 April 2018)

Parties were estranged siblings. Since 2015 Respondent had been the sole registered proprietor of a flat which he co-owned with his (and Applicant-�s) mother until the mother-�s death. Applicant was the executor of the mother-�s (disputed) will which left the mother-�s -�50% share-� in the flat to Applicant. Applicant sought a restriction. Respondent opposed on the grounds that (1) he and the mother had been beneficial joint tenants so the mother-�s interest passed to him on her death under the right of survivorship or (2) the mother had executed a transfer of the flat into his sole name shortly before she died. Applicant disputed that Respondent and the mother were ever beneficial joint tenants, alleged severance by conduct if they were initially joint tenants and denied the transfer was valid. Held that Respondent and his mother had been beneficial joint tenants and that, if the transfer was not effective, the joint tenancy had not been severed. So Respondent was entitled to sole ownership of the flat on the mother-�s death under the joint tenancy, if not under the transfer, and Applicant had no interest in the flat justifying the entry of a restriction.

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