Brother Disputes Inheritance, Seeks to Sell His Share of Father's Property

TDT | Manama

The Daily Tribune - www.newsofbahrain.com

A Bahraini man has filed a lawsuit to divide his deceased father's property, seeking to sell his share and benefit from the proceeds, despite his brother residing in the property.

The plaintiff claims he and his 21 siblings jointly inherited the house in Al Bilad Al Qadeem. He wishes to divide his share to end the joint ownership, enabling him to dispose of his portion.

The Urban Planning and Development Authority, however, objected to the division, citing violations of zoning regulations and the minimum plot size requirements. The court subsequently contacted the Ministry of Housing to guide the plaintiff on the possibility of selling his share, given the existing restrictions.

The court, referencing Article 790/1 of Law No. 19 of 2001, acknowledged the plaintiff's right to request a division of the shared property unless legally obligated to remain in joint ownership. Article 793 of the same law allows the court to appoint an expert to divide the property if possible without significant devaluation.

However, the court determined that dividing the property physically would be impossible without violating minimum plot size regulations. Consequently, the court ruled in favour of selling the property at auction and distributing the proceeds among the heirs according to their shares, citing Article 797 of the Civil Code.

One of the plaintiff's brothers appealed the decision, arguing that the property was his only residence and that he had invested in its upkeep.

The Court of Appeals, however, recognised that the property was gifted to the deceased with a condition preventing any transfer of ownership without written permission from the Ministry of Housing. Therefore, the Court of Appeals reversed the lower court's ruling and dismissed the plaintiff's claim, ordering him to pay the legal costs of both courts.