Estate of Nafisa Hasan (Deceased) v Digit Ltd & Anor [2024] EWHC 1127 (Ch) (14 May 2024)

Estate of Nafisa Hasan (Deceased) v Digit Ltd & Anor [2024] EWHC 1127 (Ch) (14 May 2024)

Nafisa Hasan was the beneficial owner of the leasehold title to the Property from its purchase in 1998 until her death in 2022 by reason of a resulting and/or constructive trust. The purchase monies derived from profits of Integral Resources, in which Nafisa had a shareholding and entitlement to profits, and were agreed to be used to acquire the Property for her. She relied on this agreement to her detriment by relocating to London, foregoing profits, and investing in the Property. The use of Digit Limited as legal owner was to conceal the true beneficial ownership, not to confer beneficial ownership on Digit. The silence and lack of contrary evidence from Digit and Colonel Hasan further...

Citation
[2024] EWHC 1127 (Ch)
Parties
Claimant: The Estate of Nafisa Hasan (Deceased) (acting by Adeela Unger and Richard de Unger as personal representatives); First Defendant: Digit Limited (in liquidation); Second Defendant: EFG Private Bank (Channel Islands) Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2024
Procedural Posture
Civil Property/trusts / Trial of Preliminary Issues
Outcome
Declaration granted in favour of the estate of Nafisa Hasan as beneficial owner of the leasehold title to the Property by reason of a resulting and/or constructive trust.
Legal Topics
Beneficial Ownership, Resulting Trust, Constructive Trust, Proprietary Estoppel, Express Trust, Family Property, Section 14 Trusts of Land and Appointment of Trustees Act 1996
Property Law Trusts Law Equity Beneficial Ownership Resulting Trust Constructive Trust Proprietary Estoppel Express Trust +2 more

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Parties

The Estate of Nafisa Hasan (Deceased) (acting by Adeela Unger and Richard de Unger as personal representatives)

Claimant

Digit Limited (in liquidation)

First Defendant

EFG Private Bank (Channel Islands) Limited

Second Defendant

Procedural Posture

Civil Property/trusts / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Nafisa Hasan had a beneficial interest in Flat 13, 42 Upper Berkeley Street, London W1H 5QL
  2. 2 If so, what interest she had and under what legal doctrine (express trust, constructive trust, resulting trust, proprietary estoppel)

Ratio Decidendi

Nafisa Hasan was the beneficial owner of the leasehold title to the Property from its purchase in 1998 until her death in 2022 by reason of a resulting and/or constructive trust. The purchase monies derived from profits of Integral Resources, in which Nafisa had a shareholding and entitlement to profits, and were agreed to be used to acquire the Property for her. She relied on this agreement to her detriment by relocating to London, foregoing profits, and investing in the Property. The use of Digit Limited as legal owner was to conceal the true beneficial ownership, not to confer beneficial ownership on Digit. The silence and lack of contrary evidence from Digit and Colonel Hasan further...

Court Disposition

Declaration granted in favour of the estate of Nafisa Hasan as beneficial owner of the leasehold title to the Property by reason of a resulting and/or constructive trust.

Orders

  • The estate of Nafisa Hasan is declared the beneficial owner of the leasehold title to Flat 13, 42 Upper Berkeley Street, London W1H 5QL (title no NGL766504).
  • Remaining issues to be listed for case management at a hearing, on notice to EFG, with further submissions on consequential orders.