Kuwait Court of Cassation principle number 4224

The deceased's retention of possession of the property he disposed of to one of his heirs and of his right to benefit from it throughout his lifetime. A legal presumption that it is a disposition taking effect after death, and the rules governing wills therefore apply to it. The condition: the disposition must be to one of the transferor's heirs, the transferor must retain possession of the property in any manner throughout his lifetime, and his enjoyment of the property must be based on a legal right. Mere possession by the transferor throughout his lifetime of the property disposed of to one of his heirs, without his enjoyment thereof being based on a legal right authorizing it, or without such retention being accompanied by actual possession and enjoyment of the property. Does not establish the legal presumption. The burden of proving fulfilment of the conditions of this presumption rests upon the person invoking it. - See also: Personal Status "Estate". Acquisition of ownership of State housing - Allocation as a stage preceding transfer of ownership: