Masudur Rahman v Dewan Raisul Hassan & Ors

Masudur Rahman v Dewan Raisul Hassan & Ors

Mr Al Mahmood, in contemplation of his impending death, made valid donationes mortis causa of his UK assets (excluding furniture and contents) to the claimant by handing over indicia of title, security devices, and relevant documents, satisfying the requirements for delivery and dominion. The doctrine applies to registered land, and the gifts are effective outside the estate. The claim succeeds except as to the furniture and contents.

Parties
Claimant: Masudur Rahman; First Defendant: Dewan Raisul Hassan; Second Defendant: Lana Basneed Zaman; Third Defendant: Amani Zaman; Fourth Defendant: Farihah Zaman
Jurisdiction
England and Wales
Judgment Date
30 May 2024
Procedural Posture
Probate/trusts/property / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Donatio Mortis Causa, Capacity to Make Gifts, Formalities for Gifts of Land and Choses in Action, Constructive Trusts, Registered and Unregistered Land, Delivery and Dominion, Testamentary Capacity
Succession Law Equity and Trusts Property Law Donatio Mortis Causa Capacity to Make Gifts Formalities for Gifts of Land and Choses in Action Constructive Trusts Registered and Unregistered Land +2 more

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Parties

Masudur Rahman

Claimant

Dewan Raisul Hassan

First Defendant

Lana Basneed Zaman

Second Defendant

Amani Zaman

Third Defendant

Farihah Zaman

Fourth Defendant

Procedural Posture

Probate/trusts/property / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Al Mahmood made a valid donatio mortis causa of his UK assets to the claimant
  2. 2 Whether the formalities for a donatio mortis causa were satisfied for chattels, bank accounts, and registered land
  3. 3 Whether Mr Al Mahmood had capacity to make such gifts

Ratio Decidendi

Mr Al Mahmood, in contemplation of his impending death, made valid donationes mortis causa of his UK assets (excluding furniture and contents) to the claimant by handing over indicia of title, security devices, and relevant documents, satisfying the requirements for delivery and dominion. The doctrine applies to registered land, and the gifts are effective outside the estate. The claim succeeds except as to the furniture and contents.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the claimant is entitled to the UK assets of Mr Al Mahmood (excluding furniture and contents) by valid donatio mortis causa
  • Account by the first and second defendants for rents of the flats received as personal representatives