Court auctions BD1.5 million estate as heirs clash

TDT | Manama     

The Daily Tribune – www.newsofbahrain.com

A family’s inheritance, intended to provide comfort and security, has instead morphed into a battleground of greed and resentment.

In a notable ruling, a civil court has ordered the sale of various properties and vehicles, collectively valued at BD1.5 million, to resolve a contentious dispute among the heirs.

This judgement highlights the often turbulent nature of shared ownership and the potential for conflict when emotions run high.

The plaintiff, frustrated by the refusal of the other heirs to pay their share of the inheritance despite being entitled to it, took legal action.

She detailed that the estate includes three cars valued at BD19,500 and five properties valued at BD1,290,912, BD144,000, BD29,000, BD168,000, and BD96,000, respectively, totalling BD1,487,186.

The plaintiff further explained that she was unable to collect real estate revenues and was denied her rightful share because one of the heirs monopolised the management of the properties and controlled the distribution of shares.

Lawyer Ali AbdulMohsen, representing the plaintiff, noted that the law outlines the method for dividing shared assets under Article 790 of the Civil Code.

Joint venue

This article states that any partner has the right to request the division of shared property unless legally obligated to remain in the joint venture.

The Court of Cassation has clarified that a lawsuit for dividing common property can only be filed by a partner with an undivided share, and judicial division is concluded only with a ruling in the case (Appeal No. 453/2009, session 10/11/2010). It was established that the properties in question were bequeathed by the plaintiff’s late father, thereby granting her a legitimate claim substantiated by appropriate documentation.

Properties

The court, finding the sorting authority’s report credible, determined that the properties could not be individually apportioned, pursuant to Article 797 of the Civil Code. As a result, the court ordered that all properties be sold at a public auction in accordance with the Code of Procedures.

The proceeds from the sale are to be distributed among the parties in accordance with their respective shares as dictated by legal obligation.

The request to compel the defendants to return the real estate revenues amounting to BD9,921 has been transferred to the Grand Civil Court, as it holds jurisdiction over the value in question.