Appeal by Mrs Rumellag Soofi in the cause Santander UK Plc against Sajjad Soofi as Executor Nominate of the Estate of Mrs Bushara Soofi (Sheriff Appeal Court Civil) [2024] SACCIV 44 (28 October 2024)

Appeal by Mrs Rumellag Soofi in the cause Santander UK Plc against Sajjad Soofi as Executor Nominate of the Estate of Mrs Bushara Soofi (Sheriff Appeal Court Civil) [2024] SACCIV 44 (28 October 2024)

An executor, as office-holder, does not acquire personal or proprietary rights in estate property and cannot be considered a 'debtor' or 'proprietor' for the purposes of conferring occupancy rights under section 24C(1)(b) of the 1970 Act. Therefore, the spouse of an executor cannot claim to be an 'entitled resident' and cannot apply for recall of decree on that basis.

Citation
[2024] SACCIV 44
Parties
Applicant/appellant: Mrs Rumellag Soofi; Pursuer/first Respondent: Santander UK Plc; Defender/second Respondent: Sajjad Soofi, as Executor-Nominate of the Estate of Mrs Bushara Soofi
Jurisdiction
Scotland
Judgment Date
28 October 2024
Procedural Posture
Civil Appeal / Appeal Against Refusal of Application for Recall of Decree
Outcome
appeal refused
Legal Topics
Occupancy Rights, Matrimonial Home, Executor's Powers, Entitled Resident, Recall of Decree, Heritable Property
Property Law Succession Law Family Law Occupancy Rights Matrimonial Home Executor's Powers Entitled Resident Recall of Decree +1 more

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 7 Party arguments 2
Sign in to unlock

Parties

Mrs Rumellag Soofi

Applicant/appellant

Santander UK Plc

Pursuer/first Respondent

Sajjad Soofi, as Executor-Nominate of the Estate of Mrs Bushara Soofi

Defender/second Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Application for Recall of Decree

Legal Issues

  1. 1 Whether the spouse of an executor can claim to be an 'entitled resident' under section 24C and 24D of the Conveyancing and Feudal Reform (Scotland) Act 1970
  2. 2 Whether an executor is a 'debtor' or 'proprietor' for the purposes of occupancy rights under the 1970 Act

Ratio Decidendi

An executor, as office-holder, does not acquire personal or proprietary rights in estate property and cannot be considered a 'debtor' or 'proprietor' for the purposes of conferring occupancy rights under section 24C(1)(b) of the 1970 Act. Therefore, the spouse of an executor cannot claim to be an 'entitled resident' and cannot apply for recall of decree on that basis.

Court Disposition

appeal refused

Orders

  • appeal refused
  • expenses of the appeal granted in favour of the first respondent