DCC 20/2007

This case involved whether there had been a gift by a deceased of a company. A key aspect was that even after the children had reached their majority and before the death of the donor they had not taken over the management of the company which had stayed with their father.

Background

Some appellants filed suit No. 855/2005 against some heirs - the Respondents and a minor under the custody of his mother, requesting the Court to rule on the validity and effectiveness of the assignment of 10-11-1987, which includes the testator's assignment to an institution to the Plaintiffs equally. The testator authorized the Plaintiffs to transfer the ownership of the institution and its assets and liabilities from his name to their name. The Plaintiffs explained that the testator had assigned the license of the individual institution in dispute under the assignment of 10-11-1987, and that due to their relationship with the testator - their father, the license remained in the name of the latter.

On 9/1/2005, the testator died. The Plaintiffs demanded the rest of the heirs to confirm the assignment and transfer the license of the institution in their name. The heirs agreed, except the minor.

Proceedings: