Mascall v Mascall
A gift of registered land is complete in equity once the donor has executed the transfer and handed it and the land certificate to the donee, even before registration.
Facts
Mr Mascall wanted to give a house to his son. He executed a transfer of the registered land to his son and handed it to him, together with the land certificate. The son sent the documents to the Inland Revenue for stamping, but before the transfer was registered, father and son quarrelled, and the father sought to recall the gift.
Legal principle
The Court of Appeal held that the gift was complete in equity, so the father could not recall it. Browne-Wilkinson LJ said that, applying Re Rose, the father had done everything that was required of him to transfer the property, and the remaining steps, such as stamping and registration, could be taken by the son without the father's help. The father therefore held the legal title on trust for his son until the transfer was registered.
Related cases on formalities and constitution of trusts
- Re Brooks' Settlement Trusts [1939] Ch 993
- Cannon v Hartley [1949] Ch 213
- Choithram (T) International SA v Pagarani [2001] 1 WLR 1
- Fletcher v Fletcher (1844) 4 Hare 67
- Grey v IRC [1960] AC 1
- Hodgson v Marks [1971] Ch 892
- King v Dubrey [2015] EWCA Civ 581, [2016] Ch 221
- Milroy v Lord (1862) 4 De GF & J 264
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