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T Choithram International SA v Pagarani : ウィキペディア英語版 | T Choithram International SA v Pagarani
''T Choithram International SA v Pagarani'' () (UKPC 46 ) was a decision of the Judicial Committee of the Privy Council on appeal from the British Virgin Islands in relation to the vesting of trust property in a trustee. In the British Virgin Islands it is often referred to simply as the ''Pagarani case''. ==Facts== Mr Thakurdas Choithram Pagarani wanted to start a foundation called the Choithram International Foundation. He was dying of cancer. He drew up a trust deed, including himself a trustee. He travelled from his business based in Dubai and had a ceremony at his son's home in London. On 17 February 1992, with people gathered at his bedside, Mr Pagarani announced he was transferring his money to a Jersey trust for his proposed philanthropic foundation. Witnessed differed in the precise words, but the generally accepted substance as to what he was thought to have said was: "I now give all my wealth to the Trust" or "I have given everything to the Trust". Mr Pagarani executed the trust deed in front of three trustees (who also signed), his accountant and the First Secretary of the Indian High Commission. He told the group accountant, Mr Param, that he knew what to do to transfer all balances to the foundation. There were to be three more trustees (who signed shortly afterwards), and Mr Pagarani himself was to be a seventh trustee. Those present testified that Mr Pagarani made an immediate absolute gift to the Foundation of all his shareholdings and credit balances in four British Virgin Island companies. But then he died before actually executing the documents to transfer legal title to the assets to the trustees. Some of his children contended the gift was imperfect and unenforceable. The four BVI companies in fact altered the share registers later the same day. Mr Pagarani had also prepared a will, but had not signed it. The share transfer documents were also unsigned by Mr Pagarani. The relatives who were trustees of the Foundation claimed that the gift to the Foundation was valid, and that the shares in the companies had not been transferred properly in the manner specified by law in the International Business Companies Act. Other people who stood to inherit challenged the foundation's claim.
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