Partition Lawsuit
The Joint Funds Division Regulation in Saudi Arabia comes as part of the comprehensive Saudi legal system, and aims to regulate the division of joint funds between individuals, especially those that are common. The Joint Funds Division Regulation also reflects the vision of the modern Kingdom of Saudi Arabia and its established principles of justice, as the regulation guarantees a fair and balanced distribution of joint funds between the parties concerned, in addition to preserving the rights of everyone, and ensures the fair settlement of potential disputes that may arise regarding joint funds The Kingdom of Saudi Arabia’s interest in judicial regulations in particular, and the joint funds division regulations, reflects its commitment to promoting justice and achieving equality among individuals. The system is considered the basis for development and stability in any society. The Kingdom of Saudi Arabia recognizes the importance of implementing and improving its systems to guarantee the rights and freedoms of all citizens and residents. From this perspective, this article will address all the important points related to the division lawsuit in the Kingdom of Saudi Arabia.
What is a division claim in the Saudi system?
A division lawsuit is a lawsuit filed by one of the partners requesting his share of the joint money, which is the money owned by two or more common people, by virtue of a contract, inheritance, or other means. Also, the money whose ownership has been verified by the partners is considered money documented in a regular document, or money that lacks a regular document to prove its ownership from what is in the hands of the partners, one of them, or others, and it is not disputed.
Division disputes are also defined as any dispute related to the property subject to a division claim, whether it was filed by some partners or others, such as a dispute over ownership of some joint property, proof of a debt owed by the deceased, or a will or endowment.
It is worth noting that there are two types of division in the Kingdom of Saudi Arabia: consensual division, which is not permissible except with the consent of the partners due to harm occurring in it or the return of compensation from one of them to the other, and compulsory division, which is what does not cause harm to the partners or to one of them and does not return compensation.
Partition Lawsuit
What is the jurisdiction of the judicial department hearing the division case?
The department is competent to consider disputes between partners in joint money and to consider a lawsuit to disclose the assets and documents of joint money, unless the dispute was previously filed with a competent department, and disputes filed by non-partners or by partners against others are filed in accordance with the general provisions of qualitative and spatial jurisdiction.
What are the controls for filing a division lawsuit?
The division lawsuit may be divided according to the types of joint property, whether real estate, movable property, cash, or part of these types, and each type may be referred by an independent referral, and one department is responsible for all of them. Any partner may file a lawsuit with the competent court requesting the eviction of the joint property from anyone who has unlawful control over it. The liquidator or the judicial guardian, if any, according to the tasks assigned to them, must file this lawsuit During the division lawsuit, the partners may divide the benefits of the joint money in order for the division to take place, and if this cannot be agreed upon, the department must rule on it when necessary.
Notification in lawsuits to divide joint funds shall be made in accordance with the provisions of the Sharia Litigation System, and notification may be through the liquidator.
What are the procedures for hearing a division lawsuit?
The Joint Funds Division Regulations set out the procedures for hearing a division lawsuit as follows:
- Interrogating opponents in the division case
If the matter requires questioning one of the opponents in the division lawsuit, and the facts and documents of the lawsuit are not sufficient to reveal the truth, the department may bring him by force, taking into account the following:
- The department does not order the opponent to be brought by force except after the failure of the person whose person or non-person it was reported to, or who appeared to the department to be smuggled or hidden.
- The order to bring the opponent by force shall be in writing directly to the police station within whose jurisdiction the opponent resides, even if he is outside the jurisdiction of the court.
- If the opponent is arrested before the scheduled date of the session, he will be brought directly to the department.
- The department may write to the competent authority to place the person who refuses to appear on the arrest list.
- If it is not possible to arrest the opponent, the police station must inform the department of this five days before the date specified for the session, and this does not prevent him from being brought, even after the date specified for the session.
- The department may, if necessary, include in its order to bring the opponent by force to suspend him for the necessary period during which he can be brought, provided that it does not exceed five days. If the period expires without bringing him, the competent authority shall urgently write to the department or its representative for guidance regarding him.
Absence of opponents in the division lawsuit
Taking into account the provisions for the absence of opponents in the Sharia pleading system, the department does not stop proceeding with the division lawsuit due to the absence or refusal of one of the partners to attend, and orders that his share be preserved with the competent authority.
- Funds pending before the judicial department in the division lawsuit
In its consideration, the department limits the division claim to the funds whose ownership has been achieved by the partners. If the division requires completing the deficiencies in the ownership document, the liquidator shall undertake this, if any. Otherwise, the department may write to the competent authority to complete the deficiency, or delegate this task to one of the partners with a specific mandate. One of the partners may also undertake this on his own initiative, even if he does not have a power of attorney on behalf of the rest of the partners, whether the subscription is through inheritance or otherwise The division of other funds does not depend on the completion of this task.
- The impact of division disputes on the course of the circuit in considering the division lawsuit
Division disputes do not affect the course of the circuit in considering the division lawsuit, and the circuit decides on the undisputed joint money that is prepared for division, and if this is not possible or it becomes clear to it that these disputes may lead to the absorption of the joint money, then it orders the division lawsuit to be stopped until the division disputes are decided.
- Disclosure of joint funds
The Department may, when necessary, write to the competent authorities or those supervising the registration of funds to disclose joint funds.
- Submit the original document of ownership of the joint money
If it is not possible to submit the original of a document owning joint money to the department, write to the party from which it was issued to obtain a copy in its place, and this copy is considered the original.
- Assigning the Judicial Support Department
The Department may assign its Judicial Support Department, if any, the following within a specific period not exceeding two months:
- Ensure that copies of the necessary documents, such as: the heirs’ inventory deed, the guardianship, and the agencies, are attached, matched with their original, and stamped accordingly.
- Ask partners about joint funds, and write, when necessary, to the competent authorities or those supervising the registration of funds to disclose joint funds.
- Request copies of documents owning joint funds, such as real estate deeds and vehicle driving licenses, and ensure that they match their assets and stamp them accordingly.
- Request to report on the validity of ownership documents.
- Preparing a list of joint funds, including descriptions of the funds, real estate locations, ownership document numbers, dates, and sources.
The department returns the papers to the department upon completion of the assigned work or the end of the period specified in the department’s book, whichever comes first.
- Delegating experts in the division lawsuit
The department may appoint one or more experts to prepare a statement of the funds subject to division, a statement of what is acceptable for compulsory division and what is not, a determination of each partner’s share of what is acceptable for compulsory division, and other matters that the department deems necessary.
- Segmentation and sorting in a division claim
If there is any share of the joint property that can be divided by force, the department shall issue an independent ruling to divide it and hand over to each partner his designated share of it. The notary authorities shall issue the ownership documents. If the divided property is real estate, the notary shall issue the division, sorting or merger deeds, even if the ownership deeds are issued by the court.
- Ruling to sell money that can be divided by force
The department shall rule to sell money that can be divided in a forced manner and hand over to each partner his share of its price without the need to evaluate it, unless the partners agree otherwise. The ruling on the sale shall be submitted after it has acquired final status to the competent enforcement department, to implement it in accordance with the enforcement system and its executive regulations. The department shall, upon a request from one of the partners, issue a ruling in accordance with the rulings of the urgent court to hand over to him some of his share of the cash if it becomes clear to it that he needs alimony Provided that it is counted from his share upon division.
- Preserving and guarding joint funds
The department must, when necessary, take all necessary measures urgently to preserve and guard joint funds, and it may entrust the General Authority for the Guardianship of Minors’ Funds and those in a similar position to preserve disputed joint funds until they are decided.
- Residence of one or more liquidators on joint funds
The Department may, if necessary, rule that one or more liquidators shall reside on joint funds, and his choice shall be by agreement of all concerned parties, and if they do not agree, the Department shall choose a licensed liquidator, and if that is not possible, the Department shall choose whomever it deems appropriate, and the ruling shall determine the obligation of the liquidator, and his rights and authority, including Estimating his fee, the method of paying it, and the period necessary for liquidation Provided that he does not combine the liquidation fee with the brokerage fee, and the liquidation shall be under the supervision of the department.
- Appointing the inheritor as guardian
If the testator appoints a guardian, the department must approve this appointment within the limits of what the testator legally owns to bequeath, and it has the right to establish him as a liquidator of the estate if the conditions apply to him, or include a liquidator in him.
Partition Lawsuit
What are the actions of the liquidator in a division lawsuit?
If there are multiple liquidators, the department must state in its ruling their method of work, including the appointment of the president and the decision-making mechanism, unless they are authorized to work alone according to the type of money, its location, etc., in accordance with what the department determines. The department may, when necessary, oblige the liquidator to bring a full debtor guarantor or a bank guarantee in proportion to the size of the estate, as insurance to compensate for damages arising from his negligence or transgression Also, if the liquidator dies or resigns and his resignation is accepted, the liquidation continues and the department establishes a liquidator to replace him. Receipt and delivery take place between the liquidators through the mediation of a licensed chartered accountant and under the supervision of the department.
On the other hand, if the liquidator leaves the liquidation on his own initiative without the approval of the department, it shall appoint a liquidator in his place and the liquidator who leaves the liquidation shall be guaranteed the damages that will result from his leaving the liquidation to the funds subject to liquidation. The department may also rule to dismiss the liquidator and appoint someone else when it finds reasons justifying this, in accordance with the rulings of the urgent court. It is worth noting that the department opens one or more bank accounts for the joint funds subject to liquidation Cash and the price of the joint money sold shall be deposited in it, and the liquidator and the judicial guardian may deposit in it. It shall not be disbursed from this account except with the approval of the department recorded in the seizure report and pursuant to a bank transfer or check signed by the president of the court, the district judge, and the liquidator.
The liquidator’s fee includes the costs necessary for liquidation unless the department decides otherwise, and the fee and costs have priority over other debts, and it is worth noting that from the time the ruling was issued to establish the liquidator, creditors may not take any action on the joint money or continue to do so except against the liquidator, just as the partner may not dispose of the joint money Nor should the debts of the joint property be collected or a debt owed to him be repaid with the debt of the joint property.
The liquidator shall submit reports at periodic dates determined by the department, including a statement of the status of the joint funds and the increase or decrease that occurred, and including an account of the imports and expenses of the joint funds, notes and reservations on the liquidation work, the reasons that hindered the work, suggestions, what has been accomplished and what has not been accomplished, supported by documents proving that The department reviews these reports and orders the fulfillment of their deficiencies, if any, and then deposits them after their completion in the case file, and for any partners who wish to obtain a copy of them.
The Department may, if necessary, order the liquidator to send a declaration to the creditors and debtors of the joint money, inviting them to submit a statement of their rights and debts, within a period not exceeding one month from the date of the declaration, and published on the website of the Ministry of Justice, or in any other means deemed necessary by the Department. The liquidator must also record the rights or debts that are fixed to the joint money or to it He does not know about this in any way, and the partners must inform the liquidator of what they know about it, and the liquidator may seek the assistance of experienced people in inventorying and estimating the value of joint funds.
Also, if it becomes clear to the liquidator that the partners have funds belonging to the joint funds outside the Kingdom, the liquidator will then represent them, and he must take the necessary legal measures to preserve, manage and liquidate those funds, including transferring what can be transferred from them to the Kingdom if there is an interest in it, and selling what cannot be transferred in accordance with the regulations in force in the country in which the funds are located, taking into account what is stipulated in international treaties and agreements.
It should be noted that the liquidator must submit to the court administration, within a period not exceeding three months of his stay, an inventory list showing the joint assets and what is owed to them, and including an estimate of the value of the joint assets. He must also notify each interested party by letter in accordance with the stipulated notification procedures. The court may extend this date if it finds any justification for doing so.
After liquidating the joint property, including debts, wills, and the like, the liquidator shall divide it among the partners by mutual consent, in a manner that does not violate Sharia and regulations. The agreement shall be ratified by the department, and the notarial authorities, such as notaries and others, shall transfer the property according to jurisdiction. If the partners do not agree on the division by mutual consent, the liquidator shall prepare a statement of what can be divided by compulsory division and the share assigned to each partner, and a statement of what cannot be divided by compulsory division In accordance with the provisions of Islamic division, and with the assistance of experts when necessary, the department shall issue an independent ruling to deliver to each partner his designated share of what can be divided by compulsory division without prejudice to the provisions regulating division and sorting. The department shall also rule to sell money that can be divided by compulsory division and deliver to each partner his share of its price, unless the partners agree otherwise. The liquidator shall undertake the sale in accordance with what the department decides in the ruling and under its supervision.
Partition Lawsuit
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