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First-tier Tribunal (Property Chamber) |
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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Mohammed Ishfaq as executor of the estate of the late Nazir Ahmed v (1) Pervez Akhtar (2) Bank of Scotland (Alteration and rectification of the register : Alteration and rectification of the register) [2018] UKFTT 717 (PC) (10 October 2018) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2018/717.html Cite as: [2018] UKFTT 717 (PC) |
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| Case reference | REF/2015/0491 |
|---|---|
| Date of decision | 10/10/2018 |
| Adjudicator | Mr Daniel Dovar |
| Applicant | Mohammed Ishfaq as executor of the estate of the late Nazir Ahmed |
| Respondent | (1) Pervez Akhtar (2) Bank of Scotland |
| Main Category & Sub Category | |
| Category | Alteration and rectification of the register |
| Sub Category | Forgery and fraud |
| Secondary Category & Sub Category | |
| Category | Fraud, forgery, duress and undue influence |
| Sub Category | Effect on registered title |
| Decision notes | [2018] UKFTT 717 (PC). Application for alteration of the register on the grounds of mistake (sched 4). The Applicant (who had died by the time of the hearing) alleged his son had forged his signature on a power of attorney and then used that to transfer the Applicant's home into his son's name, which was then mortgaged. The father only realised that this had occurred around 6 years after the transfer had occurred. All had been living in the property together throughout. The only forensic expert, called by the father considered the signature on the power of attorney to be a forgery. HELD that the son had caused the forgery and therefore dismissed his objection, allowed the application and directed the registrar to alter the register and remove the subsequent charge |
| Download decision(s) | [2018] UKFTT 717 (PC) |
