Khan & Ors v Khan [2025] EWCA Civ 1436 (18 November 2025)

Khan & Ors v Khan [2025] EWCA Civ 1436 (18 November 2025)

The Court held that the judge was entitled to find that acquisition constructive trusts arose over the properties in favour of the claimants based on the agreed basis of acquisition and unconscionability of denial, that the email of 12 October 2013 was sufficient to satisfy section 53(1)(b) LPA 1925 for 7 Essex Grove, and that detrimental reliance by one beneficiary suffices for a common intention constructive trust in favour of all. The judge's orders for sale and ancillary relief were upheld.

Citation
[2025] EWCA Civ 1436
Parties
Claimant/respondent: Ahmed Khan; Claimant/respondent: Sarwar Khan; Claimant/respondent: Shalima Khan; Claimant/respondent: Farhana Khan; Claimant/respondent: Jennifer Khan; Defendant/appellant: Muhammed Iftekhar Khan
Jurisdiction
England and Wales
Judgment Date
18 November 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Express Trusts, Acquisition Constructive Trusts, Common Intention Trusts, Section 53(1)(b) Law of Property Act 1925, Family Property Disputes, Orders for Sale, Tracing Claims
Equity and Trusts Property Law Constructive Trusts Express Trusts Acquisition Constructive Trusts Common Intention Trusts Section 53(1)(b) Law of Property Act 1925 Family Property Disputes +2 more

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Parties

Ahmed Khan

Claimant/respondent

Sarwar Khan

Claimant/respondent

Shalima Khan

Claimant/respondent

Farhana Khan

Claimant/respondent

Jennifer Khan

Claimant/respondent

Muhammed Iftekhar Khan

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether acquisition constructive trusts arose over the properties in favour of the claimants
  2. 2 Whether an express trust over 7 Essex Grove was sufficiently manifested and proved by writing under section 53(1)(b) LPA 1925
  3. 3 Whether detrimental reliance by one beneficiary suffices for a common intention constructive trust in favour of all

Ratio Decidendi

The Court held that the judge was entitled to find that acquisition constructive trusts arose over the properties in favour of the claimants based on the agreed basis of acquisition and unconscionability of denial, that the email of 12 October 2013 was sufficient to satisfy section 53(1)(b) LPA 1925 for 7 Essex Grove, and that detrimental reliance by one beneficiary suffices for a common intention constructive trust in favour of all. The judge's orders for sale and ancillary relief were upheld.

Court Disposition

Appeal dismissed

Orders

  • Orders for sale of the properties upheld
  • Muhammed to account to claimants for benefits received