The Court of Cassation wins for Mellouli’s heirs against the Ministry of Endowments in the third real estate file in the city of Zagora || ANFASPRESS – Anfas Press, a Moroccan electronic newspaper – A Moroccan electronic newspaper, renewed around the clock – Morocco

The Court of Cassation issued a decision to overturn the appeal decision issued by the Ouarzazate Court of Appeal, related to the preservation of one of the properties in the Zagora community, which was in favor of the Ministry of Endowments and Islamic Affairs. The preliminary ruling was upheld, which ruled to reject the total objection submitted by the heirs of Mellouli Yahyaoui Tansiti. The decision bears the number: 461/1 Real Estate File No. 2914/2022.

Among the cases in which the Court of Cassation justified its decision to overturn the appeal decision was a violation of the requirements of Chapter 43 of the Real Estate Conservation Law.

By relying in the text of its decision on technical expertise in applying heir fees, which is a procedure that falls within its jurisdiction, which made its decision unfounded and in violation of the law, it must be overturned.

The Ahbas Zagora Supervisory Board, on behalf of the Ministry of Endowments, had submitted a memorization request No. 39836/28 to the Real Estate Governorate of Ouarzazate on 06/29/2017 to memorize the property called “Al-Nabsh” in the city of Zagora, with an area of ​​4 hectares and 89 rubles, and based its request on a single document: a copy of the registry. A census of the incarcerated properties was carried out by the Zagora Endowments Authority, and the heirs of Al-Malouli presented it to him, considering this property as their own property, and supporting their offer with a set of verification fees, including an inheritance fee, a certification fee, and a continuation fee, and demanding that the judiciary, at all stages, withdraw the copy on which the Ministry of Endowments relied and which was extracted from the registry. A census of the incarcerated properties was carried out by the Zagora Endowments Authority, as it is a document of its own making that cannot be used as evidence in court to prove ownership.

It is also worth noting that the Court of Cassation prevailed for the heirs of Mellouli in 3 real estate files in which they submitted objections against the preservation demands of a group of properties in the city of Zagora submitted by the Ministry of Endowments.