Two consolidated applications regarding the ownership and sale of a residential property.
The applicants, Kuldeep Gill and the Estate of Amarjit Gill, sought a declaration of 100% ownership based on resulting or constructive trust, arguing the respondent Karnail Gill's initial contribution was a loan.
Karnail Gill sought partition and sale of the property, recognizing his registered one-third interest as a tenant in common.
The court dismissed the trust claims, finding Karnail contributed to the purchase and upkeep of the property, and ordered the property to be listed for sale with the proceeds divided equally among the three registered owners, subject to adjustments for mortgage, taxes, and rental income.
