THE Shura Council is set to debate amendments to a key law that could result in quicker resolution of long-drawn-out land and property disputes.
Under changes to the 1994 Land Division Law, urban and real estate planning authorities will have a say in the settlement of legal fights between heirs of a property.
The GDN has reported about several cases dragging on in courts as inheritors fought amongst themselves for a share of the real estate.
In some cases, beneficiaries found their part of the inheritance being seized by the government after being earmarked for developmental or infrastructure services and facilities.
In one particular instance, one inheritor found the value of his plot of land shoot up after it was appropriated for a “special project”, while others received devalued plots which were classified as “normal”.
The amendments issued by His Majesty King Hamad through a decree last year, will now see judges deal with properties on top of plots of land rather than just deal with empty plots of land as part of the inheritance under dispute.
Also judges will not be able to issue verdicts without written assessment from the relevant authorities on the status of the property or plot of land and if there are any future infrastructure plans.
“The move will ensure fairness as heirs will not lose out on their inheritance, should there be plans for government facilities or infrastructure earmarked on their bequest,” said Shura’s public utilities and environment affairs chairman Dr Mohammed Hassan.
“Complete details on the property and land will be given by urban and estate planning authorities to judges and whatever is untouched or unwanted by them for future urbanisation would be given in proper proportions to inheritors rather than it being a later move, which may lead to disgruntled faces,” he added.
The Legalisation and Legal Opinion Commission told the Shura Council in writing that amendments were needed to be carried out with urgency to ensure that inheritance cases don’t drag in court.
“The law, in its former state, dealt with land and not properties on them, so the division could have seen someone getting an empty side while someone else got a building,” it said.
“Verdicts also disregarded urban classification that determines the value of plots and this is why feedback from relevant authorities is necessary or else whatever is handed out is automatically nullified.
“There were verdicts in the past that people got their divided side and wanted to register it, but were prevented from doing so because the place was set to have future government services that their plots would be part of or was not in classification plans leaving it pending for many years.”
Parliament approved the amendments unanimously last month.
Meanwhile, Shura is also set to vote on a new aviation agreement with Bosnia and Herzegovina.
The foreign affairs, defence and national security committee said that Bosnia had become a favoured destination amongst nationals and this required a mutual agreement.
mohammed@gdnmedia.bh
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