Monica Margaret Ramji v Graham John Harvey & Ors

Monica Margaret Ramji v Graham John Harvey & Ors

Mrs Ramji did not establish a common intention or detrimental reliance to support a beneficial interest in 2 MR; the property was owned solely by Mr Ramji. The 2016 transfer of 51 RPC to Lauren was procured by undue influence exerted by Mrs Ramji over Mr Ramji, who was vulnerable and dependent on her, and lacked the requisite understanding of the transaction. The transfer is set aside.

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
11 September 2024
Procedural Posture
Civil Probate/trusts / Trial of Preliminary Issues
Outcome
Claim for beneficial interest in 2 MR dismissed; 2016 transfer of 51 RPC set aside for undue influence.
Legal Topics
Constructive Trusts, Undue Influence, Capacity, Inheritance (provision for Family and Dependants) Act 1975, Beneficial Interests, Setting Aside Transfers
Probate Trusts Property Law Constructive Trusts Undue Influence Capacity Inheritance (provision for Family and Dependants) Act 1975 Beneficial Interests +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

Civil Probate/trusts / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the Claimant had a beneficial interest in 2 Montacute Road (2 MR)
  2. 2 Whether the 2016 transfer of 51 Ravensbourne Park Crescent (51 RPC) to Lauren Runacre was valid or should be set aside for undue influence or lack of capacity

Ratio Decidendi

Mrs Ramji did not establish a common intention or detrimental reliance to support a beneficial interest in 2 MR; the property was owned solely by Mr Ramji. The 2016 transfer of 51 RPC to Lauren was procured by undue influence exerted by Mrs Ramji over Mr Ramji, who was vulnerable and dependent on her, and lacked the requisite understanding of the transaction. The transfer is set aside.

Court Disposition

Claim for beneficial interest in 2 MR dismissed; 2016 transfer of 51 RPC set aside for undue influence.

Orders

  • 2 Montacute Road was owned solely by Mr Ramji at death; Claimant has no interest.
  • The 2016 transfer of 51 Ravensbourne Park Crescent is set aside; property remains owned by Mr and Mrs Ramji as tenants in common in equal shares at Mr Ramji’s death.