Is it a gift not a gift, not a declaration of trust?

British Columbia, Canada


The following excerpt is from Bradshaw v. Stenner, 2012 BCCA 296 (CanLII):

There is a more recent case in England that applies the principle of law in question. In Ali v. Khan, [2002] EWCA Civ. 974, a father transferred the family home to two of his daughters for a stated amount of £25,000. The property was worth three times that amount. The purpose of the transfer was to permit the daughters to raise the £25,000 through a mortgage to a building society to provide the father with sufficient monies to pay for the marriages of the two daughters and a son in Pakistan. The marriages took place as planned. One daughter later transferred her interest to the other daughter who eventually brought an action for possession against her parents and her other siblings still residing in the home. The father counterclaimed for a declaration of trust. The trial judge rejected the evidence of the daughter that the transfer was a gift to the extent that the property was undervalued in the transfer. However, he found that the evidence fell short of establishing a trust and made the order for possession.

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