Ayman shape
Bahraini was shocked when he was discovered that all the money that his father left before died was distributed to his brothers without him, as more than 660,000 dinars were withdrawn from the father’s account and distributed in the accounts of the brothers, and after two degrees of litigation they almost lost hope against him, the Sharia Court of Cassation had decreased two rulings to reject the lawsuit to return it to the court again, and she said that the death of the father was in the disease.
The facts of the lawsuit were listed by the lawyer, Dr. Salem Ghamda, the agent of the fool, that his client is the brother of seven brothers, and their father, who was sick, died a period before his death, but he learned in October of 2023 after the death of his father that he was ill, in which he died in which the amount of 664546 dinars was withdrawn from his accounts and distributed it to the contested against them, each according to his legal share, without him with the intention of depriving him, with the intention of depriving him, with the intention of depriving him, The siblings contested against them approved this in a criminal communication at the police station by receiving money through bank transfers distributed to them according to the legal division of inheritance, so he decided to establish his lawsuit, and he requested the ruling to invalidate the gift of his father, which he distributed to his siblings without him, while obliging them to pay him his legal share of those sums.
However, the first court court ruled to reject the lawsuit, and he appealed the ruling to appeal, which the first instance court went to the rejection of the appeal and support the appealed judgment, so the brother was nothing but the appeal by the way His behavior by distributing his leaving to the contested against them without the appellant, if he fell ill, and thus his behavior is added to the post -death, and he confirmed that he adhered before the trial court in her degrees by requesting inquiries from the Central Bank He supported a court ruling first degree in his judiciary by rejecting his lawsuit, which was paid off from this defense, and he did not mean his research, which – if true – may change the face of opinion in the lawsuit.
The Court of Cassation said that this obituary is in place, because the neglect of the verdict of the ruling discussed a defense shown by the opponent, which results in the nullity of the ruling if this defense is fundamental and influential in the result that the ruling ended in, as that neglect is considered a limit in the real reasons Its impact on its judiciary, if it does not do its ruling is limited.
The court added: “And that it is -in the judiciary of this court -that every legal behavior is issued by a person in the disease of death with the intention of donation is considered to be added after death, and the provisions of the will apply to it, and from the controls established in determining the disease of death to be the disease; From what is dominated by destruction, and the patient feels the time of his term and ends with his death, as it was, and it was clear that the papers were that the inheritance was in the disease of death, so the court decides to veto the ruling and return it to the court that issued it to adjudicate it again.
