BCC 544/2009

This case involved the share of an inheritance of a man who had a partnership and had inherited a share in his father's company. A key issue was whether the heir's waiver of the company ownership was valid.

Background

The claimant brought a claim against the defendants before the High Civil Court. The claimant asked the court to determine his brother's share of an inheritance and his rights and share of those inheritance assets. The claimant stated that his brother had passed away and had left transferred and not transferred money and other rights in a company where he was partner. In addition, the claimant stated that his brother had some rights in their father's inheritance. However, the defendants insisted the heir had waived his right in the inheritance to his brothers in the company and the articles of incorporation of the company had been modified according to this waiver. The claimant asked the court to render this waiver contract void.

Decision