KHAN AGAINST MOHAMMAD SADDIQUE AND OTHERS [2018] ScotCS CSOH_41 (13 April 2018)

KHAN AGAINST MOHAMMAD SADDIQUE AND OTHERS [2018] ScotCS CSOH_41 (13 April 2018)

The court found, on the evidence and expert testimony, that the signatures of the pursuer and his wife on the disposition were forged. As the disposition was a forgery, it was void ab initio and fell to be reduced. The first defender could not rely on prescription or good faith purchaser protection, as these do not apply to titles founded on forgery. The pursuer was not barred by mora, taciturnity and acquiescence or personal bar, as the delay was explained and there was no sufficient prejudice to the defender. Accordingly, the disposition and associated entries in the Land Register were ordered to be reduced, subject to repayment of sums due to the second defender.

Citation
[2018] ScotCS CSOH_41
Parties
Pursuer: Muhammad Ahsan Khan; First Defender: Mohammad Saddique; Second Defender: Halifax plc; Third Defender: Keeper of the Registers of Scotland
Jurisdiction
Scotland
Judgment Date
13 April 2018
Procedural Posture
Civil Action for Reduction and Production / Judgment After Proof (trial)
Outcome
Action for reduction granted
Legal Topics
Reduction of Disposition, Forgery, Good Faith Purchaser, Prescription and Limitation, Personal Bar, Mora, Taciturnity and Acquiescence
Property Law Civil Procedure Fraud Reduction of Disposition Forgery Good Faith Purchaser Prescription and Limitation Personal Bar +1 more

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Parties

Muhammad Ahsan Khan

Pursuer

Mohammad Saddique

First Defender

Halifax plc

Second Defender

Keeper of the Registers of Scotland

Third Defender

Procedural Posture

Civil Action for Reduction and Production / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the disposition transferring title to the first defender was forged and should be reduced
  2. 2 Whether the first defender's title is protected by prescription under section 1 of the Prescription and Limitation (Scotland) Act 1973
  3. 3 Whether the first defender was a good faith purchaser

Ratio Decidendi

The court found, on the evidence and expert testimony, that the signatures of the pursuer and his wife on the disposition were forged. As the disposition was a forgery, it was void ab initio and fell to be reduced. The first defender could not rely on prescription or good faith purchaser protection, as these do not apply to titles founded on forgery. The pursuer was not barred by mora, taciturnity and acquiescence or personal bar, as the delay was explained and there was no sufficient prejudice to the defender. Accordingly, the disposition and associated entries in the Land Register were ordered to be reduced, subject to repayment of sums due to the second defender.

Court Disposition

Action for reduction granted

Orders

  • The disposition dated 6 November 2002 in favour of the first defender is reduced.
  • The standard security in favour of the second defender is to be reduced only upon repayment by the pursuer of sums due by the first defender to the second defender, up to a maximum of £70,000.