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MENAFN - Khaleej Times - 26/04/2014
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(MENAFN - Khaleej Times) The court of first instance had dismissed a lawsuit filed by the woman?s husband who demanded also on behalf of his son to implement his wife?s will.

the court of appeal in abu dhabi has ruled that the assets left behind by a christian woman who died outside the country shall be released to her muslim husband and son quashing a lower court’s ruling.

the court of first instance had dismissed a lawsuit filed by the woman’s husband who demanded also on behalf of his son to implement his wife’s will.

the appellate court in its verdict clarified that according to the islamic shariah the husband and son who are muslim cannot inherit from the woman because of the difference in religion. however the will is a contract between a bequeather and the bequeathed and signed by the bequeather and witnesses.

the court thus ordered a local bank in which the woman had deposited her money to release the amount and give it to her son. the court also ordered a real estate developer to transfer the ownership of a building owned by the deceased to her husband as per her will.

earlier the husband and son filed a lawsuit against the local bank and real estate developer demanding that the will his wife had made before her death be ruled valid and the same executed.

however the bank and real estate developer contested their demand and urged the court to reject the case on the grounds that it contradicts the islamic shariah.

the court of first instance dismissed the suit and the plaintiffs appealed the verdict demanding the appellate court to validate and execute the will.

the appellate court clarified that the will is a request to execute donation bequeathed by the christian woman to her muslim husband and son even though according to the personal status law people of two different religions cannot inherit from each other.

the court made it plain that a will is a contract between a bequeather (donor) and the bequeathed (benefactor) that the latter would receive and accept the former’s legacy after that person’s death.

the court added that the will submitted by the plaintiffs was written and signed by the woman in her native european country. it was also signed by witnesses. “the will was made as per the law applied in that country and upheld by its courts of law. it was also attested by the uae embassy in that country.”

besides her other close relatives have not disputed the will or demanded the money left in the uae bank or the building bequeathed in the will by the deceased to her husband. in view of these circumstances the appellate court annulled the lower court’s ruling and ordered the local bank and the real estate developer to implement the contents of the woman’s will.



Khaleej Times

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