A Bahraini man has taken legal action to divide his late father’s property, with the intention of selling his share despite his brother currently residing in the house. The plaintiff, along with his 21 siblings, inherited the house in Al Bilad Al Qadeem and seeks to end the joint ownership by dividing his portion.
The Urban Planning and Development Authority raised objections to the division, citing violations of zoning regulations and minimum plot size requirements. The court contacted the Ministry of Housing for guidance on selling the share, considering the existing restrictions. Despite the plaintiff’s right to request a division under Article 790/1 of Law No. 19 of 2001, the court found physical division impossible without breaching regulations.
As a result, the court ruled in favor of selling the property at auction and distributing the proceeds among the heirs as per their shares, following Article 797 of the Civil Code. However, one of the plaintiff’s brothers contested the decision, asserting that the property was his only residence and he had invested in its maintenance.
The Court of Appeals acknowledged that the property was gifted to the deceased with a condition prohibiting transfer of ownership without Ministry of Housing approval. Consequently, the court overturned the initial ruling, rejecting the plaintiff’s claim and ordering him to cover legal costs for both courts.
In conclusion, the case highlights the complexities of dividing inherited property and the importance of adhering to legal regulations. Despite the plaintiff’s desire to sell his share, the court’s decision prioritized compliance with zoning laws and the terms of the property gift to ensure fair distribution among the heirs. The ruling serves as a reminder of the need to navigate legal processes carefully in matters of property division to avoid potential complications and disputes.
