RAK inheritance case Court orders man return Dh128,333 to brother

Ras Al Khaimah: The Ras Al Khaimah Court of First Instance has ordered a man to repay Dh128,333.33 to his brother, along with 9 per cent annual legal interest from the date the lawsuit was filed until full settlement, after unlawfully withholding proceeds from the sale of inherited land.

The court also directed the defendant to bear all legal costs and attorney fees, issuing its judgment in full favour of the plaintiff.

The case involved a dispute between two brothers over agricultural land in Wadi Haqeel inherited from their late father. Court records show the plaintiff had granted his brother a power of attorney in 2014, authorising him to manage and sell his share of the property.

Acting under this authority, the defendant sold the land in February 2025 for Dh820,000. While proceeds were distributed to other heirs, he failed to transfer his brother’s share - calculated at Dh128,333.33 - prompting legal action.

The plaintiff was represented by lawyer Hanan Salem Al Shimili, who played a central role in securing the ruling through a tightly structured legal strategy.

She demonstrated that the defendant sold the land under a valid power of attorney, received the full proceeds, and unlawfully withheld her client’s share despite his established entitlement. She also relied on the defendant’s admissions, made during police procedures and before prosecutors, as conclusive proof of his liability.

Al Shimili argued that the defendant’s continued refusal to pay constituted a clear breach of legal obligation, justifying repayment of the amount along with legal interest as compensation for delay, in line with established civil law principles.

Her case was supported by documentary evidence, including the sale contract confirming the total value and her client’s exact share, and was further strengthened by a prior criminal conviction for breach of trust involving the same funds.

During police and prosecution investigations in the criminal case, the defendant admitted selling the property and failing to transfer his brother’s share despite paying other heirs. He was subsequently fined Dh10,000, and the ruling became final after no appeal was filed.

The civil court relied on these admissions as conclusive evidence, effectively removing any dispute over the facts and accelerating the judgment.

In its decision, the court found that the defendant had no legal justification for retaining the funds, describing the act as unlawful appropriation.

The ruling cited provisions of the UAE Civil Transactions Law, including Article 318, which obliges the return of property taken without lawful cause.

Although the plaintiff had sought 12 per cent interest, the court awarded 9 per cent annually, in line with established judicial practice in Ras Al Khaimah where no prior agreement exists between parties. The interest was calculated from the date the lawsuit was filed, marking formal notice of default.

The court ordered the defendant to pay Dh128,333.33, with 9 per cent annual interest from the date of filing until full payment, along with legal costs and Dh100 in attorney fees. The interest rate was set at 9 per cent in line with established Ras Al Khaimah court practice, bringing a prolonged family dispute to a close.