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Chhokar v Chhokar [1984] FLR 313 is an English land law case concerning constructive trusts law and widening the natural meaning of "actual occupation" (which protects the occupier by virtue of the Land Registration Act 2002, Schedule 3, being an overriding interest). The facts of the case showed an intention to do a woman out of her (and her children's) occupational interest in a matrimonial home, as the new co-owner buying his share from the husband knew of her situation from the outset and wished to resell the property. The court confirmed in these exact circumstances her interest was overriding at the time when she was in hospital and it was a constructive trust.

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rdf:type
rdfs:label
  • Chhokar v Chhokar (en)
rdfs:comment
  • Chhokar v Chhokar [1984] FLR 313 is an English land law case concerning constructive trusts law and widening the natural meaning of "actual occupation" (which protects the occupier by virtue of the Land Registration Act 2002, Schedule 3, being an overriding interest). The facts of the case showed an intention to do a woman out of her (and her children's) occupational interest in a matrimonial home, as the new co-owner buying his share from the husband knew of her situation from the outset and wished to resell the property. The court confirmed in these exact circumstances her interest was overriding at the time when she was in hospital and it was a constructive trust. (en)
name
  • Chhokar v Chhokar (en)
foaf:depiction
  • http://commons.wikimedia.org/wiki/Special:FilePath/Looking_westwards_along_Clarence_Street_-_geograph.org.uk_-_1521593.jpg
dcterms:subject
Wikipage page ID
Wikipage revision ID
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thumbnail
caption
  • A co-owner occupied house on this street was the subject matter. (en)
citations
  • [1983] EWCA Civ 7 (en)
  • [1984] FLR 313 (en)
court
  • Court of Appeal (en)
full name
  • Kuldip Kaur Chhokar v Harbhajan Singh Chhokar (en)
judges
  • Cumming Bruce LJ (en)
  • Reeve J (en)
keywords
  • Actual occupation; constructive trust (en)
has abstract
  • Chhokar v Chhokar [1984] FLR 313 is an English land law case concerning constructive trusts law and widening the natural meaning of "actual occupation" (which protects the occupier by virtue of the Land Registration Act 2002, Schedule 3, being an overriding interest). The facts of the case showed an intention to do a woman out of her (and her children's) occupational interest in a matrimonial home, as the new co-owner buying his share from the husband knew of her situation from the outset and wished to resell the property. The court confirmed in these exact circumstances her interest was overriding at the time when she was in hospital and it was a constructive trust. (en)
date decided
prior actions
  • The appellant failed before Eubank J in the High Court, Family Division (en)
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