Razaq v Shaheen

Razaq v Shaheen

There was direct evidence of the parties' intention at the time of conveyance that the property should be held in equal beneficial shares; the court should not expand the concept of intention to include relationship expectations where clear evidence exists.

Source-derived case information.

Parties
Claimant: Abdul Ishaq Razaq; Defendant: Ifrat Shaheen
Jurisdiction
England and Wales
Judgment Date
28 July 2020
Procedural Posture
Civil / Appeal From Trial Court Decision
Outcome
Appeal allowed
Legal Topics
Beneficial Ownership, Joint Tenancy, Common Intention, Declarations of Trust
Property Law Family Law Beneficial Ownership Joint Tenancy Common Intention Declarations of Trust

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Parties

Abdul Ishaq Razaq

Claimant

Ifrat Shaheen

Defendant

Procedural Posture

Civil / Appeal From Trial Court Decision

Legal Issues

  1. 1 Whether the parties intended to hold the property in equal beneficial shares
  2. 2 Whether the court can depart from the presumption of equal shares based on relationship breakdown

Ratio Decidendi

There was direct evidence of the parties' intention at the time of conveyance that the property should be held in equal beneficial shares; the court should not expand the concept of intention to include relationship expectations where clear evidence exists.

Court Disposition

Appeal allowed

Orders

  • Declaration that the property is and was held in equal shares