Ramji v Harvey & Ors [2023] EWHC 1664 (Ch) (06 July 2023)

Ramji v Harvey & Ors [2023] EWHC 1664 (Ch) (06 July 2023)

Mrs Ramji has no beneficial interest in 2 Montacute Road as there was no express or inferred common intention to share the beneficial interest and no detrimental reliance. The 2016 transfer of 51 Ravensbourne Park Crescent is valid as Mr Ramji's signature was genuine and properly witnessed, there was no undue influence, and Mr Ramji had capacity and knowledge of the transaction.

Citation
[2023] EWHC 1664 (Ch)
Parties
Claimant: Monica Margaret Ramji; First Defendant: Graham John Harvey (Executor of the estate of Sugrim Orlando Ramji Deceased); Second Defendant: Devika Lambert; Third Defendant: Chandra Ramji; Fourth Defendant: Lynn-Marie Monek Neale; Fifth Defendant: Joanne Newman; Sixth Defendant: Katie Newman; Seventh Defendant: Daniel Newman; Eighth Defendant: Christopher Newman; Ninth Defendant: Lauren Runacre; Tenth Defendant: William Newman
Jurisdiction
England and Wales
Judgment Date
06 July 2023
Procedural Posture
Inheritance Act Claim / Property Trusts Preliminary Issues / Judgment After Trial of Preliminary Issues
Outcome
Claimant's claim to a beneficial interest in 2 Montacute Road dismissed; challenge to the validity of the 2016 transfer of 51 Ravensbourne Park Crescent dismissed.
Legal Topics
Constructive Trusts, Beneficial Interests, Undue Influence, Capacity, Inheritance (provision for Family and Dependants) Act 1975, Severance of Joint Tenancy
Trusts and Estates Property Law Probate Constructive Trusts Beneficial Interests Undue Influence Capacity Inheritance (provision for Family and Dependants) Act 1975 +1 more

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Parties

Monica Margaret Ramji

Claimant

Graham John Harvey (Executor of the estate of Sugrim Orlando Ramji Deceased)

First Defendant

Devika Lambert

Second Defendant

Chandra Ramji

Third Defendant

Lynn-Marie Monek Neale

Fourth Defendant

Joanne Newman

Fifth Defendant

Katie Newman

Sixth Defendant

Daniel Newman

Seventh Defendant

Christopher Newman

Eighth Defendant

Lauren Runacre

Ninth Defendant

William Newman

Tenth Defendant

Procedural Posture

Inheritance Act Claim / Property Trusts Preliminary Issues / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Mrs Ramji has a beneficial interest in 2 Montacute Road (2 MR)
  2. 2 Whether the 2016 transfer of 51 Ravensbourne Park Crescent (51 RPC) to Mr Ramji, Mrs Ramji, and Lauren Runacre is valid or should be set aside for want of signature, undue influence, or want of knowledge and approval

Ratio Decidendi

Mrs Ramji has no beneficial interest in 2 Montacute Road as there was no express or inferred common intention to share the beneficial interest and no detrimental reliance. The 2016 transfer of 51 Ravensbourne Park Crescent is valid as Mr Ramji's signature was genuine and properly witnessed, there was no undue influence, and Mr Ramji had capacity and knowledge of the transaction.

Court Disposition

Claimant's claim to a beneficial interest in 2 Montacute Road dismissed; challenge to the validity of the 2016 transfer of 51 Ravensbourne Park Crescent dismissed.

Orders

  • Mrs Ramji has no beneficial interest in 2 Montacute Road.
  • The 2016 transfer of 51 Ravensbourne Park Crescent stands and is not set aside.