Court of Appeal Rules for Issuance of “Guardianship” Document Despite One Child’s Objection

Kuwait officials: The Court of Appeal ruled that eligible heirs have the right to obtain a housing care certificate, despite objections from one heir who refused to have it issued, affirming that entitlement to the certificate is limited to those who meet the legal conditions, not to all heirs.

Attorney Alaa Al-Saedi stated that the judgment resolved a dispute that arose after the death of the family head, who had not obtained a housing care certificate. One son refused to issue the certificate, claiming he was an heir to the government-owned house, prompting the other eligible family members to seek judicial recourse.

She noted that the court concluded that, in such cases, a government-owned house does not constitute an estate to be distributed among all heirs. Rather, the right to the housing care certificate belongs only to eligible individuals as defined by law—namely, family members who meet the eligibility criteria.

She added that a married son, a divorced son, or anyone with an existing housing application is not considered eligible for residence in the government-owned house after the father’s death, and therefore has no right to obstruct the issuance of the certificate or prevent eligible individuals from obtaining it.

She emphasized that the judgment solidified an important legal principle: eligible individuals cannot be deprived of their housing rights due to the objection of someone who does not meet the eligibility criteria. In such cases, what matters is the status of being eligible for housing care under the law, not merely the status of being an heir.