Woman wins 25- year legal battle to register home

TDT | Manama

Email : editor@newsofbahrain.com

After a 25-year legal struggle, a woman has finally secured ownership of her home, following a ruling by the High Civil Appeals Court that upheld the validity of a property sale contract once deemed invalid.

The dispute dates back to the year 2000, when the woman purchased the house for BD80,000. She paid the amount in three instalments— BD40,000 followed by two payments of BD20,000—to an agent representing the heirs of the deceased property owner. Although she received the property documents, she was unable to register the home in her name due to a 17-year restriction imposed by the Ministry of Housing, which barred property transfers during that period.

The situation worsened when the property was seized by the Execution Court to settle a debt owed by one of the heirs, who had never formally transferred the property title. The court ordered the house be sold.

In response, the woman filed a lawsuit to enforce her ownership rights. However, the First Instance Court declared the contract void, citing the restriction that was in effect at the time of sale.

Her lawyer, Nabeel Al Qassab, appealed the ruling and submitted new evidence, including powers of attorney from the heirs authorising her to complete the title transfer. He argued that this constituted their approval of the original sale. Despite this, the Appeals Court initially upheld the lower court’s decision.

The case then went to the Court of Cassation, which overturned the verdict and sent it back to the Appeals Court for review.

Upon reconsideration, the Appeals Court ruled that the powers of attorney clearly demonstrated the heirs' ratification of the transaction—even if the agent lacked authority at the time of sale.

Under Article 436 of Bahrain’s Civil Code, such ratification validates a contract if it meets key conditions: mutual consent, a defined property, a lawful purpose, and an agreed price. With those elements confirmed, the court ruled in the woman’s favour and ordered the property to be officially registered in her name—bringing an end to a dispute that had lasted a quarter of a century.