Registering the property in the name of a person as a matter of trust | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 1354-1364 PDF (937.47 K) | ||
| Document Type: Review Paper | ||
| DOI: 10.37651/aujlps.2023.144614.1112 | ||
| Author | ||
| qasim turki awad janabi* | ||
| .Al – rasheed university civil college. .Department of law | ||
| Abstract | ||
| Abstract A person may buy a property and register it in the Real Estate Registration Department in the name of another person for some reason, and this registration is a matter of trust, and with this registration the other person becomes the real owner of the property based on the official records in the Real Estate Registration Department, even if the property buyer has stipulated that the owner return The property is his in the future, or the price will be paid to him if it is sold, and this is recorded in a regular document (acknowledgment paper) appended with the owner’s thumbprint, indicating that this owner acknowledges that the property was placed and registered in his name by the buyer as a matter of trust. The person who put the property in his name may be a relative, such as the buyer’s wife, or someone else. It may happen that the person who has become the owner of the property refuses to return the property to the person who registered it in his name and pays its price, or that this owner sells the property and seizes its price and does not return any of it to the person who registered the property in his name as a trust. In these cases, the question posed here is: Does the person who bought the property and paid for it have the right to file a lawsuit against the owner, who registered the property in his name, to demand the return of the property and register it in the name of the payer? If this is not possible, then the demand is to pay the value of this property! Or claiming the property purchase amount as a debt owed by the property registry in his name! Or is there a legal permissibility to register a property in a person’s name as a trust and then demand the return of this property, or does a trust in the law have another legal meaning? | ||
| Keywords | ||
| trust; real estate; law | ||
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