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Clare, Solicitor
Category: Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother who died in November last year owed me money. The

Customer Question

My brother who died in November last year owed me money. The agreement between me and him was verbal but I have witnesses. His family are now trying to sell property which was jointly owned by me and my brother. I want to contest their ability to sell that property. Can I apply for a stay order to be put on the property pending my case against them?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What are they trying to sell?
Customer: replied 3 years ago.

Five residential flats and 2 residential houses

Expert:  Clare replied 3 years ago.
Are all these properties held in joint names?
How much did your brother owe you and for what?
Customer: replied 3 years ago.

My brother and I developed these properties 5 years ago. I was the office based desighner/project manager. He was the organiser of site works. All the funding was from the bank and he had the better credit rating so we put everything on his name. There was however, a private agreement between us, NOT WRITTEN, but witnessed by other family members, i.e my other brother, two sisters and site workers who were privy to that information. I also have filed records of all my designs, dealings with local authorities, consultants and all other related parties.

Customer: replied 3 years ago.

My brother owed me approximately £ 300,000.00

The properties were all in his name.

Expert:  Clare replied 3 years ago.
Why was it never documented = and will your siblings support you?
Customer: replied 3 years ago.

It wasn't documented because it was a trust thing within the family. He was the eldest and he was treated by all of us as one we could all trust. I never felt the need to ask him to write anything down as he never crossed me in my life or any of the other siblings.We also trusted his wife in the same way but she now seems to have turned on us unexpectedly. My siblings will support me in any way they can.

Expert:  Clare replied 3 years ago.
What was your actual investment in the properties?
Customer: replied 3 years ago.


There were a couple of emails that I recently sent to my late brother's daughter, to which I didn't receive any response, which outline my arrangement with my brother.

I shall forward those to you shortly. They explain my arrangement with my brother in detail. I hope that will help.

Expert:  Clare replied 3 years ago.
Customer: replied 3 years ago.

Dear Clare,

Sorry it took me long but I am attaching some emailes I recently exchanged with my late brother's daughter Naila.

She started out being forthcoming but now she won't talk to me either.

I hope that helps.


M.Ishfaq Jasrai.

Customer: replied 3 years ago.

Subject: Re: Flats and Houses
From: *****@******.***
Date: Thu, 13 Feb 2014 01:12:55 +0300
To: *****@******.***

Ok will do some research and get back to you soon, inshallah

Naila Saeed

(###) ###-####/p>

+966 53(###) ###-####/p>

On Feb 12, 2014, at 8:58 PM, Mohammed Jasrai <*****@******.***> wrote:

Hi Naila,

My Salaam to Amir and love to kids.

Thanks for that response.

In answer to your first question about initial investment, please note that apart from a small amount ( around £ 2,000.00 to £3,000.00) which your dad paid out at the outset to pay towards conveyancing costs etc., neither of us invested any money into the business as all the purchases of property and the construction were entirely covered by the bank loans.

The arrangement was that I brought to the table, my workforce, tools, my experience and knowledge of the construction processes including design, specification of materials and my years' of experience in dealing with local authorities planning and construction by-laws whilst your dad brought his ability to get things organised on site and his ability to raise funds through his good relations with the bank.

That, coupled with our total trust in each other, made us a workable team.

As I mentioned before, there was a £ 80,000.00 profit which was made from the first project which was worked out after all costs including your dad’s initial small injection of cash, was taken out from the proceeds of the sale. That money as well as the additional £ 20,000.00 from the Hanwell flat was all re-invested into the business.

All subsequent funding was from the business loans.

Secondly, I am not sure how much I need to raise in order to secure these properties. To help me with that perhaps you can tell me what figure is needed to relieve the other properties that belong to your dad’s estate of the liability to the bank.

You previously mentioned a loan figure of £1.4M. I need you to let me know what that figure actually is. According to my calculation that figure which seems to be about right for the initial borrowing, but it should have been reduce by now by around £ 200,000.00 from the rental income from the properties over the last 5 years. It was my understanding that around 50% of the rental income was going towards interest and the other 50% was paying down the capital.

I am getting a vibe of around 60% of market value from my financiers. I know that will leave a shortfall and I would like to discuss other ways of helping bridge that gap once I know what that gap is.

I hope that helps.

I look forward to your response.


From: *****@******.***
Subject: Re: Flats and Houses
Date: Wed, 12 Feb 2014 02:26:11 +0500
To: *****@******.***

Dear chacha

I hope you are well.

I have been extremely busy with some personal matters, therefore have not replied to your emails. Also the last conversation we had was that you were going to speak with your investors and tell me what offer you were going to make for the properties.

I was waiting for your reply to that.

I thought that this was only a written document of the details that you gave to me.

I have read over your email and tried to understand the situation, my one question is that if you and dad were partners, how much money was invested right at the beginning of the business and who invested that amount???

Please understand that I am not trying to accuse you here, my reason for asking is so that I have an idea of what the structure of this business was.

I am currently OOK and will be returning shortly.inshallah.

Naila Saeed


+1630(###) ###-####/p>

+ 966 ********* /p>

On Jan 31, 2014, at 6:36 PM, Mohammed Jasrai <*****@******.***> wrote:

Hi Naila,

As per discussion please note:

Your dad and I went into the property development business as 50% partners.

That was a verbal agreement between us. I never doubted his word as I considered him very close to me.

He had never cheated me in my life, on the contrary, he brought me up as his own son when he was under no obligation to do so after our dad died when your dad was only 17 years old.

I never forgot that and that sums up my trust in him.

We built the first house in Isleworth and when that was sold, there was a net profit of £ 80,000.00.

We did not take that money out but used all of it to purchase a Flat in Hanwell.

I don't remember the exact purchase and sale figures for the above as that was some six years ago.

We developed that flat and sold it with a further £ 40,000.00 profit.

We both took £ 10,000.000 each of that profit and the balance went back into the business to help with the purchase of the house in Dawley Road Hayes.

So a total of £ 100,000.00 of our profit went towards the purchase and development of the Dawley Road building.

According to my understanding, following are the figures:

Dawley Road.

  1. Purchase cost............................... £ 420,000.000

  2. Build cost.......................................£ 225,000.00

Two Houses

  1. Purchase cost ...............................£ 360,000.00

  2. Build Cost..................................... £ 240,000.00

In addition to that investment, as my workforce and tools were being used on this building construction, my income stopped coming in as I was no longer carrying out any other project which had been my source of income up to that point apart from some income I was getting from my design work which was not much at all.

Consequently, I went for a period of approximately 18 months to two years without much income. I had hoped to get money from these projects to compensate me for that loss of income.

I subsequently borrowed £ 30,000.00 from Nabeela's family to pay my dues. That money I still owe them.

Your dad knew about this. I had discussed this with him and had agreed that it would be paid back when we get our money from the sale of the properties.

Whilst the construction of Dawley Road was going on and had substantially progressed, we were in a position to negotiate purchase of the additional house in Hayes which we then knocked down and built into two semi-detached houses. The purchase of that house was able to be done on the strength of value of Dawley Road which at the time was almost complete and therefore had sufficient equity. Consequently we did not have to find any deposit for that further borrowing.

As the recession set in soon after we completed the two projects, the only option we had was to let them as mortgages stopped being given out as was the case before and we could not sell the properties.

Eventually the prices we would have expected were not able to be reaped and we never sold the properties.

I never received any of the rental income though I had understand that there was a monthly sum of around £ 3,500.00 being paid to the bank towards Capitol on top of the interest. That should have reduced the original borrowing by around £ 190,000.00 over a four and a half year period.

Your dad wanted to do other building construction work for income and I got him a building project in Osterly. He was meant to be fully in charge of that job and we were to share the profit equally.

By this time I had picked up enough design work for me to get by so I asked him if he wanted to take that job over.

That project which he completed ran over budget by £ 18,000.00 which I ended paying out of my pocket to clear all the outstanding bills.

All the subsequent projects he did after that were his own and I was not any part of them.

I recently gave him another job in Isleworth which he did not complete as he ended up in a dispute with the owner. As it was my contact and the guy had very young children in the house being left with no hot water or heating at times, I decided to finish that job for him. There are still some outstanding issues with that job which I am working on. The job has cost me approximately £ 4,000.00 to date. I understand there was approximately £ 1,000.000 due from the customer but I don't think I will get that from him either.

The project at the mosque in Cranford which I had to take over for him as he fell ill half way is running very tightly just inside budget so far.

Talking to your mum recently, she said that your dad told her he was going to make £ 35,000.00 on that job.

I really don't know how that could be possible although when I moved in, he had already taken around £ 40,000.00 from the mosque people but I estimated the work done up to that stage as being around half that amount.

There is also an outstanding bill from B&B merchants of £ 7,000.000 which I will end up paying from my pocket as I don't see that coming out of the project.

I am also funding the cash flow of that project from my personal income as the mosque people are struggling to raise funds from collections.

I have had to take this job on out of pride for my brother only, though I am very busy with my design work which is my only source of income but that is being hampered by this work.

I am disappointed that Amir seems to have taken over all the affairs of the properties that belonged to my brother and me especially when all the work he did towards those properties, he did as a fully paid outside contractor.

I not only didn't get paid a penny for all my work, I have been out of pocket big time.

Rightly, he should consult me at the very least before he makes any kind of decision, but he seems to be talking to agents, collecting rent, doing building work etc.etc without even talking to me. I don't see that as being fair and definitely not in line with your dad's promises.

I think that you also need to know that I had offered the equity in my house as collateral towards the borrowing but your dad said he would only ask me if he felt he really needed it.

Naila I will only say this.

In the absence of any kind of written agreement, you would be perfectly in your right, legally, to tell me to take a running jump.

But where would that leave all your religious beliefs of fairness and commitment to God and most of all your relationship and respect for me and your father?

All I want is what is rightfully mine according to my agreement with my brother. I have no interest in what else he has left for you which I know is quiet substantial.

I have struggled with my income, with having to bring up two separate families, and obliging to my brother out of respect by not making him pay his dues to me whilst he was alive.

Please I don't want to live with such bad thoughts for my brother's unfairness towards me. You can change that by being fare.

Chacha Ishfaq.

From: *****@******.***
To: *****@******.***
Subject: RE:
Date: Sat, 14 Jun 2014 15:27:31 +0100


I see that you, Amir, Shaila and your mother are getting together to obviously decide about distributing the wealth that my brother has left you.

I hope that you are seriously taking into account the fact that some of that money that he has left was genuinely not his to give to you and that it is my HAK on the bases that I had a brotherly agreement with him.

I don't want to go into whether it was written down or not as you know it was based on TRUST.

In the past he had always been fair with me and I never felt the need to have anything in writing because of the trust I had built up with him.

I always believed that on sale of the properties, I would have got my share due to my agreement with him.

But just because it was not written down on this occasion does not automatically mean that it was not agreed.

My God is my witness to that and we all have to answer to him one day.

I am also warning you NOT to contact my family members and other people that I know to tell them lies that your mother and your sister have been spreading about me being drunk and kicking down your door. I think that is DISGRACEFUL and DESPICABLE as there was no way that your mother could have known that I was drunk- she didn't even open the door to me. The only way she could have known that fact is if she was some kind of a Psychic. I don't think she is that.

In any case, I would like her to know that I DON'T DRINK and I definitely don't drink and drive.

Also that I knocked the door. I did not Kick it!!

In response to that I should now go spreading rumours about you people that you are taking my HAK and make you look bad in front of other people.


I will only tell people on their face what I think of them NOT behind their back.

I had hoped that I could go away and raise enough money to buy the properties from you. The intention there was to relieve you of any burden on your other property that is genuinely yours and I have NO claim on that.

But unfortunately I have failed to do that.

I have, however had the properties valued at the current rate and they are coming out at £ 1.644 Million.

I think that after paying off the loan, that should give a profit of approximately £ 300,000.00

According to my agreement with my brother, you are only entitled to half of that.

I addition to that 50% I am owed 5 years rental income at approximately £ 1500.00 per month ( being 50% of £ 3000.00 as left over after paying interest to the bank) amounting to a total of £ 90,000.00.

I asked this question of your father many times, and GOD IS MY WITNESS, He always told me that ALL rental income was going to the bank.


Add to that:

  • 50% of the shortfall paid by me on Osterly contract £ 9,000.00

  • Shortfall paid by me on Isleworth building contract. £ 4,000.000

  • My profit share from the new build house in Osterly £ 40,000.00

  • My profit share from the Hanwell Flat £ 10,000.00

That amounts to a total owed to me by your Father of £ 303,000.00

I would suggest that you run this by your Husband who, being an accountant, will be able to verify that these figures do stack up.

Lastly, please can you hand over the deeds that you father held on our Karianwala house which you people have NO right to - moral, financial or otherwise.

Unlike my previous correspondence to you, I expect a response to this.


Expert:  Clare replied 3 years ago.
There appear to be a number or different arguments being put forward here.
Stripping it down to the one that you say that there is clear evidence of as I understand it you would not be able to raise sufficient funding to take over the properties that you say were part of the property investments that were made by you both
is that correct?
Customer: replied 3 years ago.


I tried to raise the £1.4M loan which is covered by collatoral from my brother's other properties which they want to release by selling off those developed houses and flats.

My argument is that they should not sell them for £ 1.4M ( so they are saying) when they are worth at least £ 1.65M and rising. That would help pay off what is due to me as well as releasing their other properties from being tied up with the bank.

Expert:  Clare replied 3 years ago.
So the position is that you cannot takeover these properties.
In that case it is entirely up to his family whether or not they are sold
If you believe that you have a claim over them then you will need to make an application under the Trusts of Land and Appointment of Trustees Act to identify what your share of the equity should be.
There is little point in seeking to delay the sale given that you cannot afford to take on the mortgages
Please ask if you need any further details
Customer: replied 3 years ago.


If I do make that application under the Land and appointment of Trustees Act, then will that be sufficient to halt the sale pending that outcome?

Expert:  Clare replied 3 years ago.
There is little point in attempting to stop the sale.
The properties will have to be sold to release funds for you in any event
Customer: replied 3 years ago.


Sorry, But my point is that if they sell now at £ 1.4M then there is no chance for me to get any money as that will all go towards paying of the loan.

If however their sale is halted and they can be sold at the correct market value, then there will be money left over for me.

Is that not enough reason to halt the sale?

Expert:  Clare replied 3 years ago.
Unless you can prove beyond any doubt at all that the properties are being undersold then making such an application could be very costly for you as you would be liable for costs and losses.
It could be more profitable to say that you will all ow the sale unchallenged but will be claiming that it was undersold to deprive you of your share of the profit and seek compensation for that