Home is where the ‘hurt’ is : Mother’s testimony saves son, but then she fights to reclaim her home
TDT | Manama
The Daily Tribune - www.newsofbahrain.com
Email: editor@newsofbahrain.com
In a case that saw a 60-year old mother’s testimony save her son from a life sentence, the same mother has now become his adversary, accusing him of forcing her to transfer ownership of her home to him. The son was initially sentenced to life imprisonment for the murder of his brother. His sentence was later reduced to 15 years after his mother described him as “pious” in court. However, the mother has now filed a lawsuit against her son, claiming he coerced her into gifting him her home before the murder incident.
The High Appeals Court, after hearing both sides, ruled in favour of the son, confirming the validity of the mother’s gift. The son’s lawyer, Abdulazeem Abbas Hubail, confirmed the court’s decision. Hubail detailed the case, stating that the court heard testimonies from both the mother and the son, as well as another brother who claimed that the defendant had pressured their mother into the gift and was unaware why she hadn’t disclosed this coercion earlier.
Drug addict
He described his brother as a drug addict with an aggressive demeanor, expressing fear of his threats. The son’s testimony included an incident from early 2021, where he alleged that the defendant threatened to burn the house if their mother didn’t give him the property. The mother reportedly remained silent during this confrontation.
Another witness corroborated the son’s account, stating he had heard the threats and witnessed the mother’s reluctance to part with the property, emphasising the son’s aggressive behaviour and lack of compensation for her. Conversely, a long-term resident of the property claimed he had not observed any abusive behaviour from the son towards his mother. This witness also confirmed that the son was responsible for collecting the property’s rent.
Testimony
Additionally, a tenant in the property echoed the previous witness’s testimony, adding that the son had been attentive to his mother’s needs, accompanying her to medical appointments and fulfilling her requests.
This witness also emphasised the son’s frequent visits and care for his mother. The final witness, the defendant’s wife, corroborated the previous testimonies, stating that the gift was made willingly by the mother and that she had witnessed the son’s care for her.
As a result, Hubail highlighted the contradictory statements in his argument. The court, in its ruling, acknowledged the existence of a legally binding gift document signed by the mother, transferring ownership of the property to her son.
Gift
The court emphasised that the gift was valid due to the son being a blood relative and the mother’s lack of denial or challenge to the document’s validity. While the court acknowledged the mother’s claim of coercion, it noted that the son denied this accusation.
The court further stated that while the mother had presented witness testimonies and circumstantial evidence to support her claim, the son had provided similar evidence in his defence. After reviewing both sides, the court concluded that the gift was valid and legally binding, citing the official document, the lack of evidence of coercion, and the inadequacy of the mother’s witness testimonies.
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