State of India v Sood and Others: CA 30 Oct 1996

Beneficial equitable interests in land were overreached by a mortgage despite no the fact that no capital was actually advanced under the charge.
Gazette 13-Nov-1996, Times 07-Nov-1996, [1996] EWCA Civ 835
Law of Property Act 1925 2(1)(ii)
England and Wales
Citing:
CitedWilliams and Glyn’s Bank Ltd v Boland CA 1979
Money was raised on mortgage of registered land and paid to a single trustee holding the land on trust for sale, and it was held that the rights of beneficiaries who were in occupation and of whom no enquiries had been made were not mere minor . .
CitedWilliams and Glyn’s Bank Ltd v Boland HL 19-Jun-1980
Wife in Occupation had Overriding Interest
The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding . .

These lists may be incomplete.
Updated: 14 April 2021; Ref: scu.140702