Ali (as the personal representative of Farzand Ali dec’d) (claimant/appellant) v Khatib (as the personal representative of Fateh Bibi dec’d) & ors (defendants/respondents)
Thursday 17 March 2022
Mr Bilal Ali, the Claimant, appeals the Order of HHJ Jarman QC dated 15 July 2021. By the terms of the Order the Judge dismissed the Appellant’s Part 8 Claim for, amongst other things, an order that the 2nd Respondent account to the 1st Respondent, as Personal Representative of Mrs. Fateth Bibi (`Mrs. Bibi’), for his occupation of her property(`the Property’) since her death on 11 July 2006.
Mr. Farzand Ali (deceased) Mr. Mohammed Ramzan (deceased), the 3rd Respondent, and the 4th Respondent were the adult children of Mr. Mohammed Ali, who died on 22 August 2003, and Mrs. Bibi who died on 11 July 2006.
Mr. Farzand Ali’s estate is represented for the purposes of these proceedings by his son, Mr Bilal Ali, and Mr. Mohammed Ramzan’s estate by his wife, the 2nd Respondent.
Mr. Mohammed Ramzan and his family were living at the Property with Mrs. Bibi as at the date of her death in July 2006 and have continued to occupy this house ever since.
In 2014, the Appellant’s father successfully challenged Mrs. Bibi’s alleged will dated 2 October 2003 under which the Property would have passed to Mr. Mohammed Ramzan (the 2nd Respondent) absolutely.
That will was declared invalid by the order of HHJ Jarman QC dated 22 January 2014 with the result that Mrs. Bibi’s net estate passed to her four children, in effect the Appellant and the 2nd to 4th Respondents (`the Respondents’), in equal shares under an earlier will of 7 January 1997 (`the Will’) Prior to the hearing before HHJ Jarman QC on 15 July 2021, the parties settled these proceedings save for the claim for an account as reflected in a consent order dated 18 September 2020 (`the Consent Order’). On 14 April 2016 HHJ Jarman QC made a further order appointing the 1st Respondent to administer the estate in place of the 3rd Respondent. Pursuant to this appointment, on 9 March 2017 the 1st Respondent took out a grant of probate in respect of the Will (dated 7 January 1997). Despite this appointment as at the date of issue of the Claim the 1st Respondent had not taken any steps to sell the Property or to recover possession from the 2nd Respondent.
Mr Bilal sought an order for the sale of the Property and an account of occupation rent since the death of Mrs. Bibi. By his Order dated 15 July 2021, HHJ Jarman QC dismissed Mr Bilal’s claim for an account.