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

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

The judge found that the parties agreed in 2006 that the defendant would purchase and hold the property for the benefit of the claimant, who would pay the deposit and mortgage. This agreement gave rise to a resulting trust conferring 100% beneficial interest on the claimant, with the defendant entitled to be indemnified for mortgage payments. The judge's findings were supported by the evidence and legal principles, and there was no error of law or fact justifying interference on appeal.

Citation
[2019] EWHC 1627 (QB)
Parties
Appellant/defendant: Mohammed Tahir; Respondent/claimant: Faiz Ul Hassan Faizi; Second Claimant/mortgagee: Oakwood Homeloans Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil Appeal / High Court 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 Civil Procedure 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

Second Claimant/mortgagee

Procedural Posture

Civil Appeal / High Court Appeal From County Court Final Order

Legal Issues

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

Ratio Decidendi

The judge found that the parties agreed in 2006 that the defendant would purchase and hold the property for the benefit of the claimant, who would pay the deposit and mortgage. This agreement gave rise to a resulting trust conferring 100% beneficial interest on the claimant, with the defendant entitled to be indemnified for mortgage payments. The judge's findings were supported by the evidence and legal principles, and there was no error of law or fact justifying interference on appeal.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the claimant is entitled to a 100% beneficial interest in the property at 3 Sutton Gardens, Luton, LU3 3AF
  • Legal title held by the defendant in trust for the claimant