The Abu Dhabi appeal rejected the case

A man asks his divorced woman to return the "gift" he gave her

The Abu Dhabi Court of Appeal upheld a ruling of the Court of First Instance, which ruled rejecting a husband’s lawsuit in which his ex-wife had contested, and demanded that her return a gift consisting of a plot of land on which a property was built, which he had given to her during their marriage and the registration of the plot of land and the building on it in his name, confirming that his divorcee would return to the gift. And she is not forced to complete her procedures without her consent.

In the details, a man filed a lawsuit against his ex-wife, in which he demanded that her be compelled to proceed with the procedures of gifting a piece of land and obligating her to pay expenses, indicating that he gave it during their marriage a piece of land, but he remained the owner of it and it was not transferred to her, and that she submitted an application to the Judicial Department for the gift of the plot of land Once again, the matter was presented to the competent authorities to complete the procedures, which stated the necessity to request the approval of the bank by virtue of the fact that the property built on the land is mortgaged, and that there is no objection after the bank’s statement, whose non-objection statement was received from accepting the donation and transferring the land in its name, provided that The property remains mortgaged in favor of the bank.

The husband confirmed that the procedures for transferring the land in his name were stopped after that, due to the intransigence of his divorcee who left the country, and did not return until the date of filing the lawsuit, and he submitted documents to support his claim, and the court of first instance decided to reject the case on the basis that the donation is considered one of the donation contracts that are subject to the will of the donor, referring to For his divorced woman to stop completing the procedures of the gift means that she will stop her, and there is no justification for forcing her to complete it.

The husband appealed the ruling, demanding the registration of the lawsuit's land and the building she owes in his name, indicating that the verdict authorized his divorced woman to return to the gift, without stating the acceptable reason for that, even though the gift was made on a property that he owned and gave it to her according to what his wife was, but he remained the owner of the property as well. It was proven from the papers that the mortgage remained in his name and the electricity and water bills were also issued in his name, while his divorcee submitted a memorandum requesting the rejection of the appeal, and she confirmed that her divorced husband did not prove his seizure and possession of the property subject of the gift.

The court rejected the appeal, and affirmed in the merits of its ruling that the donation is made with the affirmative and acceptance, and it takes place by arrest. The result is that if the arrest is not made, the donation is not made, and the court has the authority to determine whether or not the arrest took place.

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