Article 631 of the Saudi Civil Transactions Law
المادة 631 من نظام المعاملات المدنية · الفرع الأول: أحكام عامة لحق الملكية أولًا: نطاق الحق
The article allows a partition by agreement to be set aside if one of the parties proves he suffered lesion in it, provided suit is filed within a year of the partition, and the other party can prevent this by making up the shortfall.
Official text (Arabic)
This article has not been amended since the law was issued.
يجوز نقض القسمة الاتفاقية إذا أثبت المتقاسم أنه قد لحقه منها غبن ويجب أن ترفع الدعوى خلال السنة التالية للقسمة، وللطرف الآخر توقي نقض القسمة إذا أكمل للمتقاسم نقدًا أو عينًا ما يرفع عنه الغبن.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 631 explained in plain English
This article deals with co-owners who divided jointly owned property by agreement among themselves (partition by agreement), and then one of them found that his share came out less than he is entitled to, which the Law calls lesion.
The article provides the following:
- Partition may be set aside: A party to the partition who suffered lesion may request that the partition be set aside, that is, canceled.
- Burden of proof: It falls on the party to the partition who suffered lesion to prove that the lesion affected him from the partition; mere dissatisfaction with the share is not enough.
- Period: The suit must be filed within the year following the partition, and the article ties the period to the date of the partition, not to the date the lesion was discovered.
- The other party's right to avoid setting aside: The other party can avoid the partition being set aside if he makes up to the party who suffered lesion whatever removes the lesion, whether he pays it in cash or gives it in kind (that is, part of the property itself or other property).
The article is specific to partition by agreement made with the co-owners' consent, and does not speak of other forms of partition.
Article 632 deals with a different matter, namely eviction of the divided property for a cause preceding the partition and the warranty of this among the parties to the partition, while Article 630 deals with the case of a debt appearing against the deceased after an estate is divided.
Because proving lesion and calculating what removes it needs precise assessment of the shares, anyone who believes he suffered lesion in a partition would do well to consult a lawyer who specializes in real estate or civil cases before the year expires.
Practical example
Three brothers in Jeddah agreed to divide land they inherited, and Khaled took a plot that he later found to be worth far less than his due share. Within the year following the partition, Khaled may file a suit to set it aside if he proves the lesion, and his brothers can avoid the setting aside if they pay him in cash or give him enough of the property to remove the lesion.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 631 of the Saudi Civil Transactions Law
Can a partition made by agreement among heirs or co-owners be canceled?
Yes. A partition by agreement may be set aside if the party to the partition proves he suffered lesion from it, provided the suit is filed within the year following the partition.
How long is the period for filing a lesion suit over a partition?
The suit must be filed within the year following the partition, according to the article.
Can the other co-owner prevent the partition from being set aside?
Yes. The other party can avoid the partition being set aside if he makes up to the party who suffered lesion, in cash or in kind, whatever removes the lesion.
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.