Court Orders Man to Repay Dh128,333 to Brother in Inherited Land Sale Dispute

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 interest from the date the lawsuit was filed until full payment, after finding that he unlawfully withheld proceeds from the sale of inherited land.

The court also directed him to bear all legal costs and attorney fees, issuing a ruling fully in favour of the claimant.

The dispute arose between two brothers over agricultural land in Wadi Haqeel, which they had inherited from their late father. Court records show that the claimant had granted his brother 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 the sale proceeds were distributed among other heirs, the claimant’s share amounting to Dh128,333.33 was not transferred, leading to legal proceedings.

The court noted that the defendant had received the full proceeds of the sale but failed to remit the claimant’s rightful share despite clear entitlement under the inheritance arrangement.

Evidence before the court included the sale contract confirming the total transaction value and the calculated share due to the claimant. The case was further supported by admissions made during earlier criminal proceedings, where it was acknowledged that the property had been sold and the share not transferred despite payments being made to other heirs.

A prior criminal case relating to breach of trust over the same funds had also resulted in a fine, which became final after no appeal was filed. The civil court relied on these findings and admissions as established facts, removing any dispute over liability.

In its ruling, the court held that the retention of funds had no legal basis and amounted to unlawful appropriation. It cited provisions of the UAE Civil Transactions Law, including Article 318, which requires restitution of property obtained without lawful justification.

Although the claimant had sought 12 per cent interest, the court awarded 9 per cent annual interest, consistent with established judicial practice in Ras Al Khaimah where no prior agreement exists between parties. The interest will be calculated from the date the case 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 filing date until full settlement, along with legal costs and Dh100 in attorney fees, bringing the long-running family dispute to a close.

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