Courts uphold man’s right to inheritance after father, maternal uncle disown him

ABU DHABI — The Federal Supreme Court dismissed an appeal against a judgment confirming the paternity claims of a man, identified only as Mohamed O., to his father and mother, and maintaining his right to claim inheritance from his late mother.

By Wael Yusuf

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Published: Thu 13 Apr 2006, 11:16 AM

Last updated: Sat 4 Apr 2015, 5:50 PM

The petitioner, named Khalfan M., brother of a dead woman, named Nafaqa M., had filed a counter petition, demanding the rejection of Mohamed O’s claims.

Court records showed that Mohamed O. filed a lawsuit with the Abu Dhabi Shariah Court of First Instance, claiming affiliation to his late mother Nafaqa M. and consequently claimed his inheritance rights. Khalfan S., Nafaqa's brother, denied Mohamedís claims and demanded the dismissal of his claims. Similarly, Obeid I., Nafaqa's husband, denied fathering Mohamed.

The Abu Dhabi Shariah Court of First Instance ruled in favour of Mohamed O., substantiating his paternity claims to both Nafaqa M. and Obeid I. Khalfan contested the verdict before the Abu Dhabi Shariah Court of Appeal, which confirmed the earlier judgment. However, Khalfan then approached the Federal Supreme Court, claiming that his late sister, Nafaqa, had denied Mohamed's paternity claims before her death.

The Federal Supreme Court rejected Khalfan's claims, and noted that Mohamed O. had produced four prosecution witnesses, two men and two women, who confirmed hearing Nafaqa M. admitting that Mohamed O. was her son. Besides, Mohamed's filiation to his father was asserted by two other witnesses. Accordingly, the apex court dismissed Khalfan's petition, and ruled in favour of Mohamed O.

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