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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Neville Derek Plimley v Seyed Arman Dijab Foroushani (as administrator of Simin Golestani-Araghi, deceased (Beneficial interests, trusts and restrictions : Beneficial interests, trusts and restrictions) [2019] UKFTT 164 (PC) (04 February 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/164.html Cite as: [2019] UKFTT 164 (PC) |
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| Case reference | REF/2017/0982 |
|---|---|
| Date of decision | 04/02/2019 |
| Adjudicator | Ms Ann McAllister |
| Applicant | Neville Derek Plimley |
| Respondent | Seyed Arman Dijab Foroushani (as administrator of Simin Golestani-Araghi, deceased |
| Main Category & Sub Category | |
| Category | Beneficial interests, trusts and restrictions |
| Sub Category | Constructive trust - inferred common intention |
| Secondary Category & Sub Category | |
| Category | Beneficial interests, trusts and restrictions |
| Sub Category | Constructive trust - inferred common intention |
| Decision notes | [2019] UKFTT 164 (PC). Application to enter a restriction against the title of a property bought under the right to buy provisions by the Applicant's former partner, now deceased. The property was bought in 2004 and the registered proprietor died 2017. The Respondent was her son. It appeared from the solicitors' purchase file that it was always intended that the deceased) would be the sole legal and beneficial owner. Applicant did apply for a joint mortgage with the deceased, but in the event the mortgage was executed by her only. There was no satisfactory evidence of any payments made by the Applicant referable to the purchase. His application was dismissed. |
| Download decision(s) | [2019] UKFTT 164 (PC) |