Father obliged to pay daughter Dhs3.3 million after he sold the house that belonged to her without her knowledge in Abu Dhabi

Aya El Deeb, Staff Reporter

The Abu Dhabi Court for Family and Civil and Administrative Cases obligated a father to pay his daughter Dhs3,300,000 and a compensation of Dhs50,000, after she agreed with him to buy a residential plot and invest it in her favour, but he used it for himself over a period of 16 years and then sold it and received its price without her knowledge.

The daughter filed a lawsuit demanding that her father pay her Dhs3,706,000 and a 12% legal interest from the due date until the full payment, as well as obligating him to pay Dhs500,000 in compensation for the material and moral damages she incurred, besides the fees and expenses of the lawsuit. The appellant indicated that she agreed with her father 16 years ago that he would buy a residential plot of land for her, register it in her name, and invest it in her favour, and accordingly handed him Dhs800,000.

She added that her father bought the plot of land, but did not register it in her name, used it for his benefit and invested it for 16 years, pointing out that she asked him to return her the land and transfer ownership in her name, but he refused.

The appellant also indicated in her lawsuit that she knew in 2021 that her father sold the land for Dhs3,706,000 without her knowledge, and that she missed the opportunity to enjoy and invest her money, which inflicted material, psychological and moral damage on her.

In her lawsuit, she demanded that the court address the concerned government body to provide the data of the plot of land and to know the date of its purchase and sale and its condition after the sale. The appellee's lawyer requested that the case not be heard due to the lapse of time. The court referred the case to investigation in order that the daughter would prove with evidence what she claimed.

The court also gave the father the right to deny and authorised the two parties to bring their witnesses. The ex-husband of the appellant testified that he, in 2006 gave her a cheque of Dhs800,000 from his account as a gift on the occasion of her first born, and because she wanted to buy a plot of land, which she agreed with her father to buy for her. He added that he was present when she handed the cheque to her father.

The appellant's lawyer demanded to contact the bank to find out who cashed the cheque from the account of the appellant's ex-husband. The court addressed the concerned municipality to provide the real estate papers for the plot of land, and addressed the bank to find out the movement of the cheque and the name of the beneficiary.

The bank’s letter stated that the appellee had cashed the cheque and the relevant municipality stated that he had bought the land for Dhs750,000 and sold it in 2019 for Dhs3,300,000. The court affirmed that the daughter is entitled to the value of the plot of land and that the father’s appropriation of the price is regarded as taking the money of others without a legitimate reason and he had to return it.

It also confirmed that the complainant deserves compensation for the material and moral damages she incurred, and obligated the father to pay his daughter Dhs3,300,000 and 5% legal interest from the date of filing the lawsuit until payment, in addition to Dhs50,000 in compensation for the material and moral damages incurred, besides the fees and expenses of the lawsuit.