First-tier Tribunal (Property Chamber)

(1) Syed Asghar Ali Shah (2) Manzoor Husein (3) Jevade Sadiq v (1) Mahmoud Ali (2) Niaz Ali (3) Mohammed Aslam (Beneficial interests, trusts and restrictions : Express agreement) [2019] UKFTT 378 (PC) (14 May 2019)

[2019] UKFTT 378 (PC). Application by 3 individuals to be registered as proprietors in place of “the Hosseinieh Foundation for Islamic Education and Welfare”(“the Foundation”). The Applicants had been appointed as trustees of the Foundation's premises. Subsequently, there had been an internal dispute between factions, and a person (R1) purporting to act on behalf of the Foundation had removed As' names as proprietors and substituted the name of the Foundation itself. However, the original trustees had never been validly removed, and furthermore the Foundation was an unincorporated charity without the capacity to hold property other than through trustees. The application succeeded.

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