DCC 4/2005

This case involved how an inheritance should work when a number of individuals should of who would have been mandatory heirs under Sharia law died in the same accident and it was unclear who had died first.

Background

An Appellant filed the action No 05/2004 against the Respondents demanding the annulment of the publication No 307/1996 issued on 29/07/1996 which included the death of an individual and the inventory of legacy which was limited to her husband and her children. Her daughter and mother would not inherit as they had died in the same accident. The publication contravened the facts because the individual had died after the mother and depriving them for the legacy contravened Sharia Law which was why the action was filed.

Proceedings:

Court of First Instance | Decision taken 30/05/2004

The court referred the action to investigation to prove what the Plaintiff was claiming. After hearing the Plaintiff's testimony, the court decided on 30/05/2004 to reject the action.

Court of Appeal - Appeals No 166/2004 | Decision taken on 11/12/2004 | Appealed Judgment Confirmed

Appeal in Cassation before the Dubai Court of Cassation

First Claim: