ADCC 133/2024

This case concerned a co-owner's request for the partition of inherited real property, allocation of usufruct, and recovery of government subsidies, opposed by their heirs claiming defects in expert judgment.

Background

A Respondent (Plaintiff) filed case No. 298/2023, a civil case in Abu Dhabi, against the Appellants and Respondents (Defendants).  They sought partition and allocation of their share in two properties.  They accepted the expert report's findings, refused to sell them inherited share (from their deceased father) in the residential property or farm, and insisted on the expert's proposed allocation of their inheritance.  They further requested payment of their share of government support and all farm income due to them.  Their claim was based on joint ownership of the properties with the Defendants, and their desire to partition their share to end the joint ownership.

One of the Defendants submitted a counter-memorandum requesting the dismissal of the lawsuit due to the Plaintiff's alleged incomplete legal standing.  The Plaintiff requested the inclusion of the remaining heirs, who attended and expressed their willingness to buy the Plaintiff's share in the properties. Regarding the farm, they stated it generated no income. 

Proceedings

Court of First Instance – Decision dated 26/03/2024.