First-tier Tribunal (Property Chamber)

Varsha Gohil as executor of the estate of Babulal Ramji Gohil v Kamla Gohil (Beneficial interests, trusts and restrictions : Severance) [2019] UKFTT 381 (PC) (31 May 2019)

[2019] UKFTT 381 (PC). Applicant (A) was the executrix of a deceased joint proprietor of property (D), the other joint owner being the deceased's widow (Respondent)(R). A was applying to reinstate a Form A restriction, that had been removed at R's request following the death of D. A's case was that the beneficial joint tenancy that had previously existed as between D and R had been severed by D in 2009. A relied on evidence of deemed service under section 196(4) of the LPA 1925. Held that severance had taken place and A's application succeeded.

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