DCC 253/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Prosecution & Pre-Trial Procedure, Guardianship, Children, General Succession Law & Estate Planning, Rent & Service Charges, General Real Property Law, Appeals
Copyright
LexisNexis
Decision date
4 Oct 2003
Catchwords
Public Prosecution – Guardian – Children – Inheritance – Possession – Rent – Estate – Appeal
This case involved whether a man's sister had been removed from an inheritance because they had been paid an amount. Issues included if they were due rent and if the brother had possession due the lapse in time. Issues included the impact of not involving the public prosecution as minors were involved and what happened when an appeal considered part of the earlier decision.
Background Facts
The Appellant as a representative of his mother and brothers and guardian of some of his brothers, filed suit No. 74/2000 before the Court of First Instance against the Respondent, his sister by his father requesting to prove that she was out of an inheritance of 1978 because of an amount of 100,000 AED that she received back then. The Plaintiff explained that their testator died on 11-5-1978. The Defendant was removed from the succession for an amount of 100,000 AED. However, the Defendant was disputing the Plaintiff on two properties despite the fact that the entire succession was estimated in 1978.