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Court rules revocation of property gift to children invalid

publish time

05/10/2024

publish time

05/10/2024

Court rules revocation of property gift to children invalid
Appeal Court postponed Hamad Al-Alyan’s case verdict to September 30

KUWAIT CITY, Oct 5: The Commercial Court ruled that a citizen’s revocation of the gift he gave to his children -- a property he owns -- is invalid and ordered the director of the Real Estate Registration Department to issue a new property document to prove the percentage of the gifted property. According to the case files, the lawsuit was filed by a citizen through his lawyer, Attorney Ali Al-Ali, stating that according to a notarized contract, his client’s father gave the latter and the rest of his siblings 50 percent of the property that the father owns -- 10 percent for each of them. The recipients accepted the part of the property from the donor in its condition at that time and took possession of it equally among them.

Under the document, his client purchased his sisters’ share of the gifted property, so the father now owns 50 percent of the property, his client owns 40 percent of the same property, and a brother owns 10 percent with the right to reside for each of the sisters. As per the notarized contract, each of the sisters waived the right to reside and the condition of non-disposal. He continued that since his client developed the house and obtained the title deed for it, he found out that his father revoked the gift, and this was confirmed to him in a letter from the assistant undersecretary for Real Estate Registration Affairs, which prompted him to file his lawsuit with the aforementioned requests. Al-Ali demanded before the court the invalidation of the third defendant’s revocation of the gift subject to the notarized contract, with all the consequences that would result from that, most notably obligating the first and second defendants, in their capacity, to issue a new document.

By Jaber Al-Hamoud

Al-Seyassah/Arab Times Staff