He rejected the lawsuit of a mother who accused her daughter of buying her share of land she owns without her knowledge

The mother said that her daughter asked her to sign papers at the municipality without knowing the truth of what she had signed.

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The Abu Dhabi Court for Family and Civil and Administrative Claims rejected a lawsuit filed by a mother against her daughter, in which she demanded the annulment of a written sale contract between her and her daughter (the defendant), explaining in her lawsuit that her daughter asked her to sign papers with the municipality, without knowing the truth of what she signed. After that, it became clear to her that she had signed a document stating the sale of her share in a residential land to her daughter for an amount of 200 thousand dirhams.

In her lawsuit, she affirmed that she did not receive this amount from the defendant (the daughter), and did not agree to the sale, which prompted her to file her similar lawsuit.

In front of the case management office through visual communication technology and systems for attending the preparation sessions remotely, the plaintiff’s attorney attended and submitted an explanatory memorandum to which he attached copies of medical reports. to court.

In the rationale for its ruling, the court said that the decision in Article 1 of the Law of Evidence is that (the plaintiff must prove his right and the defendant may deny it, and the facts to be proven must be related to the case and produced in it, and may be accepted, and the judge may not rule with his personal knowledge), and the decision was judicial The burden of proving the claimed right rests with the person upholding it.

The court indicated that the decision is that the court is not obligated to conduct an investigation that was not requested by the litigants, so since this was the case and it was proven from the attached sales contract documented before an official authority that the complainant admitted, with all her mental faculties, that she sold her specified share in the residential land to the defendant and received an amount of 200 thousand dirhams, The papers were devoid of any evidence of the validity of the complainant's claims, and she did not request an investigation to prove her claims. The court decided to dismiss the case as it is and oblige the complainant to pay the expenses and fees.

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