Malik (deceased, by her Estate's court appointed representative, Malik) v Shiekh

Property – Transfer. The Chancery Division, in allowing an appeal by the deceased appellant's estate against a county court judge's decision, set aside a transaction in which the deceased had, prior to her death, transferred, for no consideration, half share of two of her properties to the respondent, who, unknown to the deceased, had entered into a loan agreement with the deceased's sons. The court ruled, among other things, that the judge had come to the wrong evidential conclusion on the existence of a relationship of influence between the deceased and her sons at the relevant time, that the transaction had been tainted by undue influence and that the judge had significantly understated the degree to which the deceased had been potentially prejudiced by the transaction. The court further ruled on a jurisdictional point and held that the First-tier Tribunal (Property Chamber) (FTT) had had the power, under the Land Registration Act 2002 and the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules, SI 2013/1169, to transfer such cases to the county court.

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