Singh v Singh & Anor

Singh v Singh & Anor

There was no common understanding or intention between Father and Jasminder that property acquired by them would be held as joint family property under Mitakshara principles. The evidence did not support the existence of a constructive trust, nor was there any act of 'throwing in' property to create joint family property. The claim fails.

Parties
Claimant: Bal Mohinder Singh; First Defendant: Jasminder Singh; Second Defendant: Herinder Singh
Jurisdiction
England and Wales
Judgment Date
08 April 2014
Procedural Posture
Civil / Judgment After Trial of Preliminary Issues
Outcome
Claim dismissed
Legal Topics
Constructive Trusts, Hindu Joint Family Law, Mitakshara Law, Domicile, Beneficial Ownership, Partition of Family Property
Trusts Family Law Conflict of Laws Constructive Trusts Hindu Joint Family Law Mitakshara Law Domicile Beneficial Ownership +1 more

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Parties

Bal Mohinder Singh

Claimant

Jasminder Singh

First Defendant

Herinder Singh

Second Defendant

Procedural Posture

Civil / Judgment After Trial of Preliminary Issues

Legal Issues

  1. 1 Whether there was a common understanding that property acquired by the parties would be subject to the concept of Joint Hindu Property under Mitakshara law
  2. 2 Whether such property was held subject to a constructive trust under English law
  3. 3 What the terms of such a trust would be if it existed

Ratio Decidendi

There was no common understanding or intention between Father and Jasminder that property acquired by them would be held as joint family property under Mitakshara principles. The evidence did not support the existence of a constructive trust, nor was there any act of 'throwing in' property to create joint family property. The claim fails.

Court Disposition

Claim dismissed

Orders

  • Action dismissed
  • Costs to be determined