BCC 451/2007
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Conveyancing & Sale of Land, Regulatory Compliance, Divorce, Types of Contract
Copyright
LexisNexis
Decision date
2 Jun 2008
Catchwords
Sale of Property – Property Registration – Divorce – Simulated Contract
This dispute involved an individual who had got his wife to register a property under her name with the intention it would be switched to his name later but the wife had refused to do this after their divorce. The court ruled the contract was a simulated one and this had been the intention.
Background
A claimant filed a case against a defendant and the Bureau of Survey and Real Estate Registration requesting the registration of a disputed property under her his name. The claimant said that he had registered the property under the name of his wife and that he agreed with her that she should register the property under his name later. The claimant said that he got divorced and she refused to register the property under his name.
The court dismissed the case because it was filed against an irrelevant party.
The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the sales contract dated on 20/04/2002 was simulated one.
Decision