Court Rejects Partition of Shared Property to Protect Heirs’ Rights

TDT | Manama

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The Civil Minor Court has dismissed a lawsuit filed by one of the heirs demanding the partition and sale of a jointly owned property. The court found that the property is subject to government restrictions prohibiting any disposal without written approval, and that partition or sale would harm the heirs residing in the property—particularly since one of the defendants stated that the house is her only residence and that she refuses to end the state of joint ownership. This led the court to conclude that the request for partition and sale contradicts the restricted ownership conditions and fails to protect the rights of the other heirs.

Attorney Manar Janahi, representing one of the heirs, explained that the plaintiff filed the lawsuit claiming joint ownership with the defendants and sought to end the state of common ownership by requesting the property’s division, or its sale at public auction if division proved impossible.

Janahi added that her client objected to ending the state of joint ownership and submitted a detailed memorandum confirming his position.

Case documents revealed that the property lies within a government housing project, and that its ownership was granted under conditions requiring that the house be used for the residence of the original beneficiary and passed on to his heirs. The conditions also prohibit disposal of the land or house through any ownership-transferring act without written approval from the competent authority.

The court stated that the property deed includes a restriction on disposal, intended to preserve the purpose for which the housing unit was allocated—providing residence for the deceased and his heirs. Therefore, partition by liquidation would violate the restrictions imposed on the property.

 The court also found that immediate partition through sale would harm the defendants, particularly since some of them rely on the property as their only residence and have no alternative housing—an issue the plaintiff failed to address. Accordingly, the court ruled that the request for partition by sale violates the disposal restriction and would harm the other heirs residing in the property. The lawsuit was therefore dismissed.