Surana & Anor v Surana [2024] EWHC 2155 (Ch) (30 April 2024)

Surana & Anor v Surana [2024] EWHC 2155 (Ch) (30 April 2024)

The English courts have jurisdiction and English law applies because the property is situated in England. The evidence established a common intention constructive trust in favour of the claimants, with the defendant holding the property on bare trust for them in equal 50% shares. An account of profits is ordered in favour of Mr Shetty but not Mr Surana to avoid interference with ongoing Indian proceedings.

Citation
[2024] EWHC 2155 (Ch)
Parties
Claimant: Ritesh Surana; Claimant: Surendra Shetty; Defendant: Ruchi Surana
Jurisdiction
England and Wales
Judgment Date
30 April 2024
Procedural Posture
TLATA Claim (trusts of Land and Appointment of Trustees Act 1996) / Final Judgment After Trial
Outcome
Claim allowed
Legal Topics
Constructive Trusts, Jurisdiction, Applicable Law, Recognition of Foreign Judgments, Account of Profits
Property Law Trusts Law Private International Law Constructive Trusts Jurisdiction Applicable Law Recognition of Foreign Judgments Account of Profits

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Parties

Ritesh Surana

Claimant

Surendra Shetty

Claimant

Ruchi Surana

Defendant

Procedural Posture

TLATA Claim (trusts of Land and Appointment of Trustees Act 1996) / Final Judgment After Trial

Legal Issues

  1. 1 Whether English courts have jurisdiction over property situated in England when all parties reside in India
  2. 2 Whether English or Indian law applies to the beneficial ownership of 38 Maitland Close
  3. 3 Whether a constructive trust exists in favour of the claimants

Ratio Decidendi

The English courts have jurisdiction and English law applies because the property is situated in England. The evidence established a common intention constructive trust in favour of the claimants, with the defendant holding the property on bare trust for them in equal 50% shares. An account of profits is ordered in favour of Mr Shetty but not Mr Surana to avoid interference with ongoing Indian proceedings.

Court Disposition

Claim allowed

Orders

  • Declaration that Ruchi Surana holds 38 Maitland Close, Hounslow, on bare trust for Ritesh Surana and Surendra Shetty in equal 50% shares
  • Order for account of profits in favour of Surendra Shetty for half of rental profits received by Ruchi Surana since June 2022