Family Property Dispute Resolved: Court Rules in Favour of Children

TDT | Manama

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A protracted family dispute over a property has concluded with a court victory for the children of the deceased owner. The case, which involved a claim by the deceased's uncles, centred on the validity of a sales contract and the payment of outstanding financial obligations.

Lawyer Huda Al Aswad, representing the children, explained that her clients filed a lawsuit against a company to validate a preliminary sales agreement between the company and their father.  The lawsuit, concerning a property, necessitated the publication of property details in the official gazette, a legal requirement to protect property rights.

Al Aswad stated that the uncles challenged the contract, claiming ownership of the property and alleging that it was purchased in their father's name with the understanding that ownership would transfer to them upon full payment of installments.  However, they failed to provide proof of these payments.

The lawyer highlighted that the property was mortgaged to a bank, and the children were the only parties legally obligated to pay the outstanding amounts, as per a previous court ruling.  The uncles filed a counter-suit, seeking registration of the property in their names based on claims of a fictitious contract.

However, the High Civil Court ruled in favour of the validity of the sales contract between the deceased and the company.  The court ordered the Land Survey Department to register the property and issue a title deed to the children, rejecting the uncles' claim and ordering them to pay court fees, expenses, and legal fees.

Despite this ruling, the uncles appealed the decision but failed to substantiate their claims. The Court of Appeals upheld the original judgment, confirming that the executed sales contract was the only valid agreement and that no hidden or fictitious contract existed.  The case concludes a long-standing family dispute, providing a clear legal precedent for similar situations.