Court nullifies gift after Bahraini man dies in same house
TDT | Manama
Email : editor@newsofbahrain.com
A Bahraini man’s attempt to give his house to his wife fell apart after the Sharia Court of Appeal found he had never left the property, making the transfer void.
Judges ruled the house must return to the deceased’s name and be divided among his heirs, including children from a previous marriage.
Since he remained living in the house until his death, the court found the gift had never taken effect.
The case was brought by the man’s children, who said their stepmother had transferred the property into her name using a gift deed signed while their father was still alive.
Poor health
They argued he was in poor health at the time, lacked full awareness, and never vacated the home.
Their lawyer, Mohammed Al Sharabi, told the court that under Maliki doctrine and Article 912 of Bahrain’s Civil Code, a property gift is only valid if the donor gives up possession while still alive. Otherwise, it is treated as a will.
Islamic law does not allow bequests to legal heirs unless all other beneficiaries agree.
The court agreed. It found the man owned other houses but chose to remain in this one.
Ownership
His wife never moved in, never used the property, and never showed any sign of control or ownership.
There had been no handover, either in fact or in practice. Without that, the court said, the gift was void.
The lower court had dismissed the claim and ordered the children to pay costs.
The appeal court overturned that decision, cancelled the gift, and ordered the property returned to the deceased’s name to be shared out according to Islamic inheritance law.
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