Archive for the ‘Duress’ Category

Gift of land and duress

December 16, 2011

In Mir Abdul Rehman v Mir Heena ([2011] HKEC 1644) P and D had been tenants in common of a flat (with P owning a 75% share and D a 25% share). In 2001 P executed a deed of gift of his share to D. The relationship broke down in 2006. At that time, D executed a deed of gift of a 50% share to P. P applied for an order for sale and for the proceeds to be divided equally between P and D. The 2006 deed of gift had, however, been executed under duress and the court made an order setting it aside. P also claimed that at the time of the 2001 deed of gift there had been an understanding that D held the 75% share on trust for P. The court did not believe that any such understanding had been reached. D was the sole legal and beneficial owner of the property.