Chia Hevedi v Havin Hevedi

Chia Hevedi v Havin Hevedi

The claimant failed to prove on the balance of probabilities any oral declaration of trust, common intention, or detrimental reliance regarding 53ER, 3EGA, or the Turkish Trust Account. The statutory declaration for 3EGA, signed by the defendant on 11 August 2023, is effective as a declaration of trust from that date, but not retrospectively. The statutory declaration for 53ER was ineffective as the property had already been sold. No declaration is made regarding the Turkish Trust Account. The claimant is declared sole beneficial owner of 3EGA from 11 August 2023, subject to prior charges.

Parties
Claimant: Chia Hevedi; Defendant: Havin Hevedi; Interested Party: Mohsen Salmony; Interested Party: Ann Salamony
Jurisdiction
England and Wales
Judgment Date
08 April 2025
Procedural Posture
Civil Trusts/property / Final Judgment After Trial
Outcome
Claim largely dismissed; partial declaratory relief granted.
Legal Topics
Beneficial Ownership, Constructive Trust, Resulting Trust, Express Trust, Declaratory Relief, Illegality, Bankruptcy and Assignment of Claims
Trusts Property Law Equity Beneficial Ownership Constructive Trust Resulting Trust Express Trust Declaratory Relief +2 more

Case Brief

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Parties

Chia Hevedi

Claimant

Havin Hevedi

Defendant

Mohsen Salmony

Interested Party

Ann Salamony

Interested Party

Procedural Posture

Civil Trusts/property / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is the beneficial owner of 53 East Road Sheffield (53ER) and 3 Endcliffe Grove Avenue Sheffield (3EGA)
  2. 2 Whether the defendant holds the Turkish Trust Account on trust for the claimant
  3. 3 Effect of statutory declarations signed by the defendant

Ratio Decidendi

The claimant failed to prove on the balance of probabilities any oral declaration of trust, common intention, or detrimental reliance regarding 53ER, 3EGA, or the Turkish Trust Account. The statutory declaration for 3EGA, signed by the defendant on 11 August 2023, is effective as a declaration of trust from that date, but not retrospectively. The statutory declaration for 53ER was ineffective as the property had already been sold. No declaration is made regarding the Turkish Trust Account. The claimant is declared sole beneficial owner of 3EGA from 11 August 2023, subject to prior charges.

Court Disposition

Claim largely dismissed; partial declaratory relief granted.

Orders

  • Declaration that the claimant is and has since 11 August 2023 been the sole beneficial owner of 3EGA, subject to prior charges.
  • No declaration regarding 53ER or the Turkish Trust Account.