Woman gets rights over land plot

Arab Times - - LOCAL - By Jaber Al-Hamoud

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.

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