Tahir v Faizi

Tahir v Faizi

The judge's findings established that the parties agreed the appellant would hold the property for the respondent, who would indemnify the appellant for mortgage payments, conferring the entire beneficial interest on the respondent under a resulting trust; the appeal fails as the judge's factual findings and legal analysis were sound.

Parties
Appellant/defendant: Mohammed Tahir; Respondent/claimant: Faiz Ul Hassan Faizi
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Resulting Trusts, Constructive Trusts, Beneficial Ownership, Mortgage Liability, Assessment of Evidence
Property Law Trusts Law Civil Procedure Resulting Trusts Constructive Trusts Beneficial Ownership Mortgage Liability Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mohammed Tahir

Appellant/defendant

Faiz Ul Hassan Faizi

Respondent/claimant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the respondent holds a beneficial interest in the property under a resulting or constructive trust
  2. 2 Whether an oral agreement can confer a beneficial interest in real property
  3. 3 Whether payments made towards mortgage instalments confer beneficial interest

Ratio Decidendi

The judge's findings established that the parties agreed the appellant would hold the property for the respondent, who would indemnify the appellant for mortgage payments, conferring the entire beneficial interest on the respondent under a resulting trust; the appeal fails as the judge's factual findings and legal analysis were sound.

Court Disposition

appeal dismissed

Orders

  • Declaration that respondent holds 100% beneficial interest in the property
  • Legal title held by appellant in trust for respondent