Tahir v Faizi [2019] EWHC 1627 (QB) (25 June 2019)

Tahir v Faizi [2019] EWHC 1627 (QB) (25 June 2019)

The judge was entitled to find, based on the evidence, that there was an agreement in 2006 for the appellant to hold the property on trust for the respondent, who was to have the entire beneficial interest. The respondent's payments towards the mortgage were pursuant to this agreement, and the trust was a resulting trust. The judge's findings of fact and application of law were not plainly wrong and should not be disturbed on appeal.

Citation
[2019] EWHC 1627
Parties
Appellant/defendant: Mohammed Tahir; Respondent/claimant: Faiz Ul Hassan Faizi; Mortgagee/second Claimant: Oakwood Homeloans Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil Appeal / Appeal From County Court Final Order
Outcome
Appeal dismissed
Legal Topics
Resulting Trusts, Constructive Trusts, Beneficial Ownership, Mortgage Liability, Equitable Accounting
Property Law Trusts Law Resulting Trusts Constructive Trusts Beneficial Ownership Mortgage Liability Equitable Accounting

Case Brief

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Parties

Mohammed Tahir

Appellant/defendant

Faiz Ul Hassan Faizi

Respondent/claimant

Oakwood Homeloans Limited

Mortgagee/second Claimant

Procedural Posture

Civil Appeal / Appeal From County Court Final Order

Legal Issues

  1. 1 Whether the respondent holds a 100% beneficial interest in the property under a resulting or constructive trust
  2. 2 Whether an oral agreement can give rise to a transfer of beneficial interest in real property
  3. 3 Whether mortgage payments by the respondent confer beneficial ownership

Ratio Decidendi

The judge was entitled to find, based on the evidence, that there was an agreement in 2006 for the appellant to hold the property on trust for the respondent, who was to have the entire beneficial interest. The respondent's payments towards the mortgage were pursuant to this agreement, and the trust was a resulting trust. The judge's findings of fact and application of law were not plainly wrong and should not be disturbed on appeal.

Court Disposition

Appeal dismissed

Orders

  • Declaration that respondent is entitled to 100% beneficial interest in the property
  • Legal title held by appellant in trust for respondent