Respondent
Petitioner
Background: Rahim Ramzan Punjani and Malek Aminmohamed Dhanani were joint tenants of a property at 14721 72 Avenue, Surrey, BC, purchased for $675,000 in 2015. Punjani advanced the down payment and covered the property purchase tax and mortgage payments. Punjani wished to sell the property, but Dhanani, a 73-year-old widow living with friends and tenants, refused, leading to a legal dispute.
Legal Arguments/Issues: The case centered on the Partition of Property Act, R.S.B.C. 1996, c. 347, allowing joint tenants to compel the sale of property unless a "good reason" is shown otherwise. Punjani argued for severance of the joint tenancy and sale due to his financial contributions and inability to maintain the property costs. Dhanani opposed, citing her health, financial hardship, and equitable interest.
Held: The court granted Punjani's application to sell the property. Justice Branch found no binding agreement to hold the property for a specified term and noted Dhanani's failure to substantiate her financial contributions or equitable interest. The court ruled that neither party could maintain the property alone and that Punjani's financial burden justified the sale. The net sale proceeds were ordered to be paid into court, allowing further litigation on ownership shares.
Costs/Damages Awarded: Rahim Ramzan Punjani was awarded costs in the cause, with further submissions on costs allowed within 30 days if the parties sought a different order. The exact amount of costs was to be determined based on any additional submissions. Financial terms were not specified.
Court
Supreme Court of British ColumbiaCase Number
S238596Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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