Mohinder Kaur v (1) Balwinder Kumar Midda (2) Ram Kishan Midda (Beneficial interests, trusts and restrictions : Beneficial interests, trusts and restrictions) [2019] UKFTT 101 (PC) (28 January 2019)
Tribunal found evidential issues with applicant's case and resolved them in favour of the 1st respondent, determining applicant did not acquire a beneficial interest in the property.
Source-derived case information.
- Citation
- [2019] UKFTT 101 (PC)
- Parties
- Applicant: Mohinder Kaur; 1st Respondent: Balwinder Kumar Midda; 2nd Respondent: Ram Kishan Midda
- Jurisdiction
- England and Wales
- Judgment Date
- 28 January 2019
- Procedural Posture
- First Tier Tribunal (property Chamber) / Final Decision
- Outcome
- Application dismissed
- Legal Topics
- Beneficial Interests, Trusts, Restrictions, Express Agreement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohinder Kaur
Applicant
Balwinder Kumar Midda
1st Respondent
Ram Kishan Midda
2nd Respondent
Procedural Posture
First Tier Tribunal (property Chamber) / Final Decision
Legal Issues
- 1 Whether applicant acquired a beneficial interest in the property or merely loaned money to the 2nd respondent
Ratio Decidendi
Tribunal found evidential issues with applicant's case and resolved them in favour of the 1st respondent, determining applicant did not acquire a beneficial interest in the property.
Court Disposition
Application dismissed
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] First-tier Tribunal (Property Chamber) You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Mohinder Kaur v (1) Balwinder Kumar Midda (2) Ram Kishan Midda (Beneficial interests, trusts and restrictions : Beneficial interests, trusts and restrictions) [2019] UKFTT 101 (PC) (28 January 2019) URL: https://www.bailii.org/uk/cases/UKFTT/PC/2019/101.html Cite as: [2019] UKFTT 101 (PC) [ New search ] [ Printable PDF version ] [ Help ] Decision summary REF/2017/0202 Case reference REF/2017/0202 Date of decision 28/01/2019 Adjudicator Ms Sara Hargreaves Applicant Mohinder Kaur Respondent (1) Balwinder Kumar Midda (2) Ram Kishan Midda Main Category & Sub Category Category Beneficial interests, trusts and restrictions Sub Category Express agreement Secondary Category & Sub Category Category Beneficial interests, trusts and restrictions Sub Category Express agreement Decision notes [2019] UKFTT 101 (PC. Applicant provided funds to 2nd Respondent by agreement to provide part of the purchase price of the property - property acquired by 1st Respondent - 2nd Respondent did not divulge the source of these to 1st Respondent at the time - dispute as to whether Applicant acquired a beneficial interest in the Property as she alleged or whether she loaned the money as 2nd Respondent alleged - numerous evidential issues with Applicant's case resolved in favour of 1st Respondent. Download decision(s) [2019] UKFTT 101 (PC BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/uk/cases/UKFTT/PC/2019/101.html