Suman Bhatia v Christopher Purkiss & Anor

Suman Bhatia v Christopher Purkiss & Anor

The claimant failed to provide convincing proof of a common intention or agreement that she was to be sole beneficial owner; the evidence, including source of funds and occupation, supported the presumption of joint beneficial ownership as declared in the TR1; therefore, rectification was refused and the order for sale was appropriate.

Parties
Claimant: Mrs Suman Bhatia; First Defendant: Mr Christopher Purkiss (as liquidator of JD Group Ltd); Second Defendant: Mr Deepak Bhatia
Jurisdiction
England and Wales
Judgment Date
26 February 2025
Procedural Posture
Civil (chancery Division) / Judgment After Trial
Outcome
Rectification claim dismissed; sale application succeeds (subject to existing possession order).
Legal Topics
Rectification of Deeds, Beneficial Ownership, Charging Orders, Order for Sale, Common Intention Trusts
Property Law Equity and Trusts Insolvency Rectification of Deeds Beneficial Ownership Charging Orders Order for Sale Common Intention Trusts

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Parties

Mrs Suman Bhatia

Claimant

Mr Christopher Purkiss (as liquidator of JD Group Ltd)

First Defendant

Mr Deepak Bhatia

Second Defendant

Procedural Posture

Civil (chancery Division) / Judgment After Trial

Legal Issues

  1. 1 Whether the TR1 transfer deed should be rectified to reflect sole beneficial ownership by Suman Bhatia
  2. 2 Whether there was a common intention or agreement that Suman Bhatia was sole beneficial owner
  3. 3 Whether the declaration of trust in the TR1 was completed by mistake

Ratio Decidendi

The claimant failed to provide convincing proof of a common intention or agreement that she was to be sole beneficial owner; the evidence, including source of funds and occupation, supported the presumption of joint beneficial ownership as declared in the TR1; therefore, rectification was refused and the order for sale was appropriate.

Court Disposition

Rectification claim dismissed; sale application succeeds (subject to existing possession order).

Orders

  • Rectification of TR1 refused
  • Declaration of sole beneficial ownership refused