Ayman shape
After the husband sold the marital home that he bought for 270 thousand dinars “samples” for his wife, the latter began the removal procedures from him to acquire the house, and obtain the divorce within only 10 months, but the Civil Civil Court returned the right to its owner, after the husband’s attorney lying down, Zuhair Abdel Latif, a declaration from the previous wife of the photographer of the sale and his nullity, and the court ruled to compel the real estate registration to re -register the house in the name of the husband.
The story dates back to the month of February 2010, when the husband purchased the marital home for 270 thousand dinars, and then he faced material problems that forced him to sell the house with a bacterial contract for his wife who trusts in him, but the wife started the next day the procedures for registering the house in her name with the area of area and real estate registration, then she went to the court to obtain dislocation and get rid of the husband, and all of this was accomplished during a period not exceeding 10 months.
With his divorcee, the husband tried to restore the house amicably, but that matter was not resolved over the years, and she refused to re-register the property in his name, and threatened him to dispose of it to others, so he filed a lawsuit before the Civil Court, and his attorney, lawyer Zuhair Abdel Latif, submitted to the court a written declaration of the signing of the wife and dated 21-02-2010 in which he acknowledged that “the plaintiff owns the property located in the area of Al-Busitin, The official and the introduction, and that by that date he agreed with the seller to register the ownership of this property that is sold in the name of Al -Maqara, including his wife, with a “false and unrealistic contract” so that the property remains only the property in his name without his dispute in ownership.
Lawyer Abdul Latif referred to the decision according to the Court of Cassation, that “the lesson in the official contract between the contractors is in fact, so the hidden contract shall apply between them without the apparent contract even if it is an official contract.
If the image of the sales contract is established in the real estate registry, which the property of the sale is transferred to the photo buyer, and the ownership document was issued in his name accordingly, then the real buyer has the right to adhere to the hidden contract, and request the cancellation of the real estate registration in the real estate registry in the name of the photo buyer, and the cancellation of the ownership document issued in his name ».
In the reasons for the ruling, the court said that the customary editor is considered to be issued by those who signed it unless he denies the signature attributed to him, and the papers have been devoid of a denial of the signature in the customary paper or stabbed its content with any stabbing of its impact to be an argument, whether in terms of its issuance from the signer, or in terms of the validity of what was stated in it.
The court also affirmed that the non -judicial declaration is subject to its proof and argument for the general rules of proof, and that emptying this declaration in a customary editor who has the authenticity of this editor, and is considered to be issued by those who are attributed to him unless he explicitly denies his signature on him.
The court ruled the documentary and the documented contract between the prosecutor as a seller and the first defendant as a property buyer, and that the second defendant obliged the “Survey and Real Estate Registration Authority” to re -register the property in the name of the plaintiff, and to issue a royal document for him.
