Bhatt v Bhatt & Ors

Bhatt v Bhatt & Ors

Mrs Bhatt entered into the transaction under operative mistakes regarding inheritance tax and her rights, without proper explanation or advice, and would not have executed the documents had she known the true facts; therefore, the transaction and documents must be set aside.

Parties
Claimant: Mrs Shantaben Durgashanker Bhatt; Defendant: Miss Hasmita Durgashanker Bhatt; Defendant: Miss Mrudula Durgashanker Bhatt; Defendant: Mr Hiteshchandra (otherwise Hitesh) Bhatt; Defendant: Mrs Niranjana Purohit; Defendant: Mr Mukundrai (otherwise Mukund) Durgashanker Bhatt; Defendant: Mrs Josna (otherwise Jyotsna) Vyas; Defendant: Mr Arvindrai (otherwise Arvind) Durgashanker Bhatt; Defendant: Mr Ashokkumar (otherwise Ashok) Durgashanker Bhatt
Jurisdiction
England and Wales
Judgment Date
03 April 2009
Procedural Posture
Civil / Judgment
Outcome
Documents and transaction set aside; Register to be rectified, subject to Revenue's right to contest within 28 days.
Legal Topics
Mistake in Voluntary Transactions, Rectification of Register, Rescission of Documents, Inheritance Tax Mitigation, Trusts of Land
Equity Trusts Property Law Mistake in Voluntary Transactions Rectification of Register Rescission of Documents Inheritance Tax Mitigation Trusts of Land

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Parties

Mrs Shantaben Durgashanker Bhatt

Claimant

Miss Hasmita Durgashanker Bhatt

Defendant

Miss Mrudula Durgashanker Bhatt

Defendant

Mr Hiteshchandra (otherwise Hitesh) Bhatt

Defendant

Mrs Niranjana Purohit

Defendant

Mr Mukundrai (otherwise Mukund) Durgashanker Bhatt

Defendant

Mrs Josna (otherwise Jyotsna) Vyas

Defendant

Mr Arvindrai (otherwise Arvind) Durgashanker Bhatt

Defendant

Mr Ashokkumar (otherwise Ashok) Durgashanker Bhatt

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the documents executed by Mrs Bhatt should be set aside for mistake
  2. 2 Whether the transaction deprived Mrs Bhatt of substantive rights and caused unintended tax consequences
  3. 3 Whether proper advice and explanation were given to Mrs Bhatt regarding the documents

Ratio Decidendi

Mrs Bhatt entered into the transaction under operative mistakes regarding inheritance tax and her rights, without proper explanation or advice, and would not have executed the documents had she known the true facts; therefore, the transaction and documents must be set aside.

Court Disposition

Documents and transaction set aside; Register to be rectified, subject to Revenue's right to contest within 28 days.

Orders

  • The transaction and documents are set aside.
  • The Register is to be rectified accordingly.