27/10/2024
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27/10/2024
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KUWAIT CITY, Oct 27: The Court of Cassation, presided over by Judge Adel Al-Essa, established a new rule that prohibits returning a property that a father (citizen) gifted to his sons who built more floors, leading to an increase in the property’s value.
According to the case file, the Kuwaiti citizen appealed, in his capacity as the giver, through a lawsuit he filed for the court to rule on returning the property he gifted to his sons and to restore his ownership of the property. In his lawsuit, the citizen stated that he was the father of the beneficiaries and he gave the specified property to them. He pointed out that if he is blessed with a daughter after giving them the property, then he has the right to ask for the return of the gift, so he filed the lawsuit demanding the cancellation of the gift.
The court stressed on the grounds of its ruling that Article 539 of the Civil Code states the gift cannot be revoked even if there is a change in the gift itself or a continuous expansion that leads to an increase in its value. It was evident from the expert’s report that the appellants built a second floor and a roof that increased the value of the property, so the gift became binding due to an obstacle to its revocation. Since the appealed ruling contradicted this opinion, the court rejected the appeal.
By Jaber Al-Hamoud & Munif Nayef
Al-Seyassah/Arab Times Staff
