BCC 330/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Real Property Law, General Succession Law & Estate Planning, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
13 Dec 2010
Catchwords
Inheritance – Share of Inheritance – Title of Property – Judge – Litigation Procedure
This case involved the share of an inheritance. Key issues were whether the judge's participation at a lower level in a case to which the heirs were party prevented him from acting as a judge at a higher level. The issue was whether the deceased had still owned the property at the time of her death was also considered.
An heir filed a claim before the Sharia High Court requesting the nullification of a Real Estate Registration certificate No. 418/1960 and any documents stemming from it. The heir also requested the court order the Land Registry to issue a new certificate for the disputed property claiming her grandmother had died and she was entitled to her mother's share of the inheritance but the other heirs had failed to include her name as one of the heirs of the grandmother.
The heir filed the claim against the other heirs (Case No. 3419/1978) and the court recognised the claimant heir as one of the grandmother's heirs. The court also added that the inheritance division order obtained by the heirs was invalid.