Garrib v (1) Palwontee Lallbeeharry (otherwise Lallbeeharry Pallwontee) (2) The Royal Bank of Scotland (Alteration and rectification of the register : Forgery and fraud) [2017] UKFTT 52 (PC) (05 December 2017)

Garrib v (1) Palwontee Lallbeeharry (otherwise Lallbeeharry Pallwontee) (2) The Royal Bank of Scotland (Alteration and rectification of the register : Forgery and fraud) [2017] UKFTT 52 (PC) (05 December 2017)

The signature on the power of attorney was a forgery, constituting a mistake on the register. The 1st respondent did not know of the forgery and did not cause or substantially contribute to the mistake by fraud or lack of proper care. Rectification was ordered.

Citation
[2017] UKFTT 52 (PC)
Parties
Applicant: Imran Garrib; 1st Respondent: Palwontee Lallbeeharry (otherwise Lallbeeharry Pallwontee); 2nd Respondent: The Royal Bank of Scotland
Jurisdiction
United Kingdom
Judgment Date
05 December 2017
Procedural Posture
Alteration and Rectification of the Register / Final Judgment
Outcome
Register rectified to reinstate applicant as proprietor
Legal Topics
Rectification of Register, Forgery, Mistake, Mortgage Fraud
Property Law Fraud Rectification of Register Forgery Mistake Mortgage Fraud

Case Brief

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Parties

Imran Garrib

Applicant

Palwontee Lallbeeharry (otherwise Lallbeeharry Pallwontee)

1st Respondent

The Royal Bank of Scotland

2nd Respondent

Procedural Posture

Alteration and Rectification of the Register / Final Judgment

Legal Issues

  1. 1 Whether the register should be rectified to reinstate the applicant as registered proprietor
  2. 2 Whether the transfer was executed under a valid power of attorney
  3. 3 Whether the 1st respondent knew of the forgery

Ratio Decidendi

The signature on the power of attorney was a forgery, constituting a mistake on the register. The 1st respondent did not know of the forgery and did not cause or substantially contribute to the mistake by fraud or lack of proper care. Rectification was ordered.

Court Disposition

Register rectified to reinstate applicant as proprietor

Orders

  • Rectification of the register
  • Applicant reinstated as registered proprietor