Case reference | REF/2015/0328 |
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Date of decision | 07/12/2018 |
Adjudicator | Mr Owen Rhys |
Applicant | (1) Muhammed Saudagar (2) Mohammed Bashir |
Respondent | (1) Mohammed Parvez (2) Parveen Akhtar |
Main Category & Sub Category | |
Category | Fraud, forgery, duress and undue influence |
Sub Category | Effect on registered title |
Secondary Category & Sub Category | |
Category | Fraud, forgery, duress and undue influence |
Sub Category | Effect on registered title |
Decision notes | [2019] UKFTT 46 (PC). Applicants were father and son. Respondents are brother and sister. 2nd Applicant and 2nd Respondent were formerly married, then divorced, under Islamic law. Prior to 1st August 2013 Applicants were the registered proprietors of the subject property. On that date 2nd Respondent became registered in their place, on the basis of a TR1 dated 29th July 2013. Following the registration of the TR1, 2nd Respondent executed a Declaration of Trust of the property in favour of her children, 1st Respondent being a party to the document. Applicants applied to rectify the register by restoring their names to the proprietorship register, on the grounds that the TR1 was a forgery. A struck-off solicitor was instrumental in preparing the TR1 and Declaration of Trust and purportedly witnessed the Applicants’ signatures on the TR1. HELD that the Applicants’ signatures on the TR1 had been forged and rectification of the register was ordered. |
Download decision(s) | [2019] UKFTT 46 (PC) |