Ayman shape
After paying its price a quarter of a century and the stable residence in it with its children and grandchildren, it was surprised by an elderly Bahraini that she was threatened with expulsion from her life house; Because of the debt on one of the heirs of the seller of the house, who died before his registration in her name, because he was a housing house, but in the final stage of the judiciary, the Court of Cassation granted the hope to prove her right at home, and the specter of expulsion is removed from her with her family.
The story, according to the lawyer, Nabil Al-Qassab, the agent of the lady, started 25 years ago, when she decided to buy a housing house in the Sanad area, from Bahrain The seller was inserted into an implementation file to pay a debt worth 40 thousand dinars to one of the heirs, and a decision was issued by the Court of Implementation to proceed with the procedures for selling the property to pay the emerging debt, so she filed a lawsuit calling for the exclusion of the house from the implementation file and the invalidity of the procedures taken to book the sale in the implementation file, and obligate the defendants to transfer the ownership of the house to it.
Reserve, the lawsuit was referred for an investigation to submit witnesses to proof of the incident of selling the house, capture the price, and put the hand on the house from the moment of the sale. However, the first -degree court rejected the lawsuit on the pretext that the sale contract was issued in violation of the condition that prevents the disposal of the Ministry of Housing. She stabbed the verdict of appeal, and its attorney General Nabil Al -Qassab asked to address the Ministry of Housing, and said that the ministry that decided the condition for its benefit does not mind transferring ownership to the appellant, and asked the court to address her to verify this, but the Court of Appeal refused to appeal, and supported the first degree ruling, so it only had to resort to appeal by discrimination.
The Court of Cassation said that the appeal was established on one reason that the appellant mourns on the contested ruling in violation of the law and the error in its application and violating the constant with the papers and violating the right to defense, when he decreed that it was refused to request the validity and penetration of the primary sale contract on the basis that the disposal and the fixed document of the property issued in favor of the contested against them the “heirs” and which prohibited the disposal is only after ten years, and that the contract of sale The appellant was based on her from the inheritance of the contested against them, so he does not apply to them, even though this period has ended, and that the Ministry of Housing does not mind transferring ownership to it, and she asked the court to address her to verify that, and that the contested against him is the fourth, the one who concluded the sale contract with him as an agent of his inheritance, and that the rest of the heirs issued a power of attorney that permits the transfer of the property ownership to it, which is what indicates the validity of the contract. And his Syriac confronted.
The court added: “If the ruling goes etc., and turns away from the achievement of its defense referred to by addressing the Ministry of Housing, it will be defective, which requires its veto, and the court ruled to accept the appeal in form, and in the matter to overturn the ruling and refer the case to the court that issued it to rule it again.”
