A mother who returns from a "gift" of land to her daughter, according to a court ruling

Abu Dhabi Elementary School supported the mother's right to revoke the gift after she had other children.

Archives

The Abu Dhabi Court of First Instance upheld the right of a mother to return from a “gift” of a residential plot of land to her daughter, after she had other children, confirming that the donor’s provision of a newborn after the donation is an acceptable reason to return to it. Her child what she gave if he was not an orphan.

A mother had filed a lawsuit, in which she demanded proof of her return from the “gift” of residential land to her daughter, and re-registering it in her name again, explaining that she gave her daughter the land, and then had other children, so she wanted to return the gift for the benefit of the family, and submitted the previously issued grant confirmation and a plot of the property. .

During the handling of the case, the father of the daughter attended, in his capacity as (the defendant) and the guardian of his minor daughter, and confirmed that he had no objection to withdrawing the gift for the benefit of the family and all children, and the Public Prosecution was notified to include her in the case for the presence of a minor, which authorized the court to express an opinion in accordance with Sharia and law And, during the procedures, the municipality was entered in the lawsuit, and the representative of the government's cases attended and submitted a reply note, confirming that there are no restrictions or seizures on the house, and there is nothing to prevent the return in the donation.

The court affirmed in the merits of the ruling that it is considered an acceptable reason for canceling the gift and returning it to give the donor to a newborn after the gift, or to have a child whom he thinks is dead at the time of the gift and it has been found that he is alive, and that the father may take back from his son what he gave, and the mother may also take back from her son What she gave, if he is not an orphan, and if he is an orphan, then it is not permissible for her to take back from him, even if the orphan occurs after the gift.

The court ruled to prove the mother’s return of the gift of land to her daughter, and the competent authority (the municipality) to re-register the property in the mother’s name according to the procedures followed, and obligated the plaintiff and the defendant to pay the fees and expenses of the case equally between them.

Follow our latest local and sports news, and the latest political and economic developments via Google news