A man has seized his sister’s pension since 2009 without their knowledge

One of the Federal Civil Courts in the country ruled that a man and his mother would return money amounting to 697.7 thousand dirhams to his two sisters, after they were proved to be seen on their due pension from the governmental authority specialized in their inheritance pensions, from 2009 until 2018.

It also obligated them to pay 25 thousand dirhams each in compensation for the material and literary damage to them, in addition to the legal benefits of 5% until complete payment.

The facts of the lawsuit are obtained that the two prosecutors filed by a newspaper that fulfilled its legal conditions, and was deposited with the lawsuit administration office, and announced a law to the defendant, and their requests came to compel their mother and their brother in solidarity to pay the amounts that are seized in their custody, of 697 thousand and 788 dirhams and 40 fils, in addition to compensation of 700 thousand dirhams for material damage Literary and psychological, and legal benefits of 12% annually, and compel them to expenses and law fees.

The two claimants explained that their father died about 17 years ago, so they featured a salary from the governmental authority specialized in their inheritance pensions, and the first defendant contacted her, and received the entire pension from the date of death until 2018 without knowing them.

When the authority requested that it be provided with the numbers of bank accounts (IBAN) for the two claimants to transfer the amounts directly to them, they discovered that the defendant seized their pension throughout those years without right, and refrained from returning them to them despite their continuous demand, which led them to file the lawsuit.

In addition, the defendant came before the lawsuit administration office, and deposited two answers in which they requested the refusal of the lawsuit, and they also prompted not to accept it to file it without the road that was drawn by the law, based on Article (35) of Decree Law No. 57 of 2023.

They also prompted not to hear the passage of time, based on the same article and to Article (474) of the Civil Transactions Law.

For its part, the court decided to delegate a financial expert, proved in his report that the date of the pension disbursement of the two sisters began from 2009, and that the amounts were transferred to the account of the first defendant until August 2018, with a total of 697 thousand and 788 dirhams and 40 fils (each of them is 348 thousand, 894 dirhams and 20 fils).

The expert explained that the defendant stated that he was receiving the money under a power of attorney from his father’s heirs, and that he was depositing her in his account before handing it over to his mother to cover the family’s expenses, claiming that all the heirs were aware of this.

The court considered that the payment submitted by the defendant based on Article (35) of the Decree of Law 57 of 2023 is not based on a correct basis, given that the case was not directed against the government agency competent to the “salary”, but rather has focused on recovering funds that others were seized without right. She also refused to pay not to hear the lawsuit for the passage of time, and considered in return the opposition request submitted by the two prosecutors, accepting a form, as it complements their original request in accordance with the provisions of the Civil Procedure Law.

The court considered that what happened to the two prosecutors represents an inclusion of money, according to Article (304) of the Civil Transactions Law, “on the hand what was taken until it performed”, noting that depriving the two claimants of their dues for nine years continued is material and literary harm, especially because the act is issued by their brother and mother, that is, from the closest people to them.

According to Articles (282, 292 and 293) of the Civil Transactions Law, the court estimated the compensation of 50 thousand dirhams (at 25 thousand dirhams per claimant), and legal benefits of 5% imposed on the amounts due from the date of filing the lawsuit until the completion of the payment, and the amounts of compensation as of the final process of the ruling.

It ruled that the defendant obliges them to solidify 348 thousand and 894 dirhams and 20 fils for each plaintiff, with legal benefits by 5% annually from the date of filing the lawsuit until payment.

• The IBAN request from a government agency to uncover the incident .. The defendant refrained from returning the amount.

• The accused and his mother pushed before the court not to accept the lawsuit for the passage of time.