Woman gets rights over land plot
KUWAIT CITY, June 14: The Court of First Instance presided over by Judge Hamad Al-Muaseb ruled to give a Kuwaiti woman the right to take necessary measures for obtaining the title deeds of a residential plot.
The court ruled that the residential plot should be equally shared between the woman and her husband without the need for the latter to sign, giving the woman full rights to sign any loan agreement along with real estate mortgage to guarantee debt.
According to the case file, Lawyer Hawra Al-Habib had filed the case on behalf of the woman against the latter’s husband, Director General of Public Authority for Housing Welfare (PAHW), Assistant Undersecretary for Real Estate Registration and Documentation and legal representative of Kuwait Municipality in their capacity. Through the lawsuit, her client demanded her eligibility and the right to take necessary measures for obtaining the title deeds equally with her husband without the need for his signature.
Lawyer Al-Habib explained that her client is legally married to the first respondent with whom she has children. The couple applied for housing welfare in 1986 to the second defendant (the assistant undersecretary) through which they received a plot in 2004. All procedures and conditions necessary for obtaining the title deeds were fulfilled. However, the first defendant stopped carrying out the procedures without any legal justifications in order to deprive her client from her right to the plot.
The court did not find any justification for the actions of the first defendant, considering his abstention from completing the procedures were intended to cause harm to the plaintiff and her children and their welfare.