Court rejects woman’s bid to sell family home

TDT | Manama

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A court has dismissed a woman’s attempt to compel the sale of her late father’s house, ruling that the property, still home to her mother and siblings, cannot be divided or sold without the written consent of every heir.

The woman had filed a claim against her mother and siblings, arguing that she was entitled to have her share separated from the inherited property.

She no longer wished to remain part of the joint ownership and sought to have her stake isolated through the courts.

Legal heirs

Her lawyer, Hanan bin Hammouda, said that the property formed part of the late father’s estate and that all parties involved were his legal heirs.

The claimant had asked the court to assess the value of her share and to have it transferred to her.

The court requested a statement from the Ministry of Housing regarding the status of the property.

In its response, the ministry confirmed that the house had belonged to the deceased and that, under Islamic inheritance rules, the claimant was entitled to one share out of 24.

The Urban Planning and Development Authority later gave its view, assessing the value of the house at BD85,000.

On that basis, the woman’s share would be worth BD3,438. However, the authority added that the share could not be physically delineated or handed over, as the structure of the house and the regulations governing land use made that impossible.

House

Some of the heirs were also still residing in the house.

With no way to partition the property, the woman asked the court to order its sale at public auction so she could receive her share in cash.

The court examined the property deeds and found a clause stating that no sale could take place unless all heirs agreed in writing.

It also noted that the house was the only asset left by the deceased, and that some family members who would be adversely affected had nowhere else to live.