Long-lost son turns imposter in DNA test: Court denies inheritance claim

TDT | Manama     

The Daily Tribune – www.newsofbahrain.com

After a protracted fouryear legal battle spanning both religious and civil courts, a prominent Bahraini family has emerged victorious.

The dispute centered around a septuagenarian man’s attempt to claim affiliation with the family.

However, the Court of Cassation delivered a definitive ruling, dismissing the man’s claim and confirming, through DNA analysis of the deceased patriarch’s remains, that he was not his biological son.

The legal saga began with the septuagenarian filing a lawsuit against the family’s heirs, the Ministry of Justice and Islamic Affairs, and the General Directorate of Nationality, Passports, and Residence Affairs (NPRA).

He sought to establish his lineage to the deceased patriarch, invalidate the existing inheritance distribution, and be included as a rightful heir.

His claim was based on the assertion that he was the legitimate son of the deceased and that the inheritance distribution had excluded him.

The court initially appointed an expert to conduct a DNA analysis of the plaintiffs and the defendant. The results confirmed that the defendant was not the brother of the plaintiffs.

Investigation

The plaintiffs then insisted on DNA analysis of the deceased’s remains.

The court referred the case for further investigation, hearing witness testimonies from both sides and reviewing documents related to the defendant’s passport and residence permit.

The case progressed through various stages, from the Court of First Instance to the High Court of Appeals. The latter upheld the initial ruling in favour of the septuagenarian.

However, the heirs appealed to the Court of Cassation, which overturned the previous decision and sent the case back to the High Court of Appeals for a fresh hearing.

This court again ruled in favour of the septuagenarian.

Final appeal

Undeterred , the heirs, through their lawyer, filed a final appeal, the outcome of which would be definitive.

The Court of Cassation ultimately overturned the previous ruling, ordering the exhumation of the deceased’s remains with the guidance of the heirs and in the presence of the opposing parties.

A medical examiner extracted suitable samples for DNA analysis, which were compared with the septuagenarian’s DNA.

The results conclusively proved that the deceased was not the biological father of the septuagenarian.

In its final judgment, the Court of Cassation emphasised that cohabitation alone does not constitute legal proof of marriage or establish the lineage necessary for paternity.

Conclusive

evidence It further stated that the birth certificate, while considered a presumption, can be refuted with contrary evidence.

The court also highlighted the definitive nature of DNA analysis as a legally admissible and conclusive form of evidence.

The court concluded that the septuagenarian, despite his advanced age, had failed to provide sufficient evidence to support his claim of legitimate paternity.

“The plaintiff failed to present any proof of a valid marriage between his alleged parents, nor any evidence of a connection with the deceased patriarch during his lifetime.

The court deemed the photograph and travel document presented by the septuagenarian as insufficient evidence to establish paternity,” the Court of Cassation stated in its ruling.

Therefore, the court ruled in favour of the heirs, dismissing the septuagenarian’s claim and upholding the original inheritance distribution