Family file (Haifa) 58512-10-24 S. v. H.

Judgment

This is a judgment in the plaintiff's claim for a declaratory order according to which 1000 square meters of a property registered in the defendant's name and known as Block X Plot Y B--- (hereinafter: "Real Estate"), is owned by the plaintiff by virtue of a gift transaction made between the parties (hereinafter: the "Gift Transaction").

1. Summary of the relevant facts:

1. The parties are brothers and part of the heirs of their late father, S.N. (hereinafter: "the deceased").
2. In 2003, an agreement was signed between the parties andamong the other heirs of the deceased, by virtue of which all of the deceased's rights in the land were granted to the defendant (hereinafter: the "Division Agreement").
3. So far, all the rights in the land have not been registered, a different appeal to the defendant. The wording of theregistration issued on July 28, 2024 and attached to the lawsuit shows that the defendant owns 409/1276 of the land, with a total area of 5104 square meters.  However, there is no dispute that the land that is the subject of the lawsuit is registered in a different appeal to the defendant (see the minutes of the hearing of July 1, 2025). 
4. On August 28, 2012, the parties signed affidavits of gift and additional documents for the purpose of transferring the rights in 1000 square meters of the land, the plaintiff's appeal was changed. The parties to the transaction were represented by Adv. S.  (hereinafter: " S.") who is a relative of the parties (Adv. S.'s sister is married to the brothers of the parties).  Among other things, the parties signed the following documents:
5. Defendant's affidavit, in which the defendant declared, inter alia, that:

"...  3.  I hereby waive my rights without consideration, and I am definitively and completely withdrawing from an area of 1,000 square meters in Block X, Plot Y, which are 1000/5104 parts of the aforementioned plot, in favor of my sister S.T.Z.

4. My departure is at my request and will, without any pressure and/or coercion, and it is done when I am fully conscious and in my mental and physical health.
5. I hereby undertake to sign and/or appear in any court and/or institution... In connection with my aforementioned departure.
6. My departure as aforesaid is final and there is no retraction from it, and it binds me and my heirs after me, and I sign this affidavit after its contents have been explained to me in Arabic..."
7. Plaintiff's affidavit, in which the plaintiff declared, inter alia, that:

"...  3.  It is my brother's will, Mr. H., to transfer to me, as a gift and without consideration, the ownership of 1000/5104 parts of Partition Y, block X.

4. I have not paid and will not pay any consideration to the owner for the aforementioned assets, and the owners give it to me as a gift.

This affidavit was signed for submission to the Land Taxation Bureau in Haifa."