SCC 46/8

This case involved a request to the court to be able to sell a minor's share in a property which had been mortgage and was the subject of an inheritance. This case provides an example of the way the court would request the minor's share to be treated in such cases.

Background

A claimant filed a case at Al-Ahsa General Court on behalf of himself and his mother who were taking care of a minor. They stated heirs wanted to sell a property they had inherited from their father. The claimant stated the house was mortgaged to the Real Estate Development Fund and 45,600 Riyals was still owing on the mortgage. The claimant stated house was sold for 435,000 Riyals and the heirs received 300,000 Riyals of the price. The claimant requested the court give them permission to sell the minor's share so he could transfer the ownership to the buyer.

The buyer stated he had bought the house. After paying the outstanding mortgage, the total amount was 389400 Riyals. The wife was entitled to 48675 Riyals, each female heir was entitled to 30975 Riyals and each male to 61950 Riyals.

Decision