Judicial principles and studies
Mesne Profits for an Immoveable Sold Under a Void Sale: When Entitlement Begins under General Assembly Decision 481/2023
Decision reference: تمييز حقوق هيئة عامة رقم (481/2023)، بتاريخ 2023-04-05.
A limited editorial summary of a General Assembly decision on mesne profits after a void sale of immovable property, focusing on the relationship between possession, the seller's judicial demand, and the start of entitlement.
Property and real estate
Judicial principles and studies
Updated: 12 September 2026
Editorial summary of a judicial principle or decision; consult the source below and do not treat the firm as the author of the decision.
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A limited editorial summary of a General Assembly decision on mesne profits after a void sale of immovable property, focusing on the relationship between possession, the seller's judicial demand, and the start of entitlement.
Key points
- Decision subject
- Summarised principle
- Limits of the reading
Useful for: Useful for initial reading and identifying questions that may need legal review.
This automatic summary is based on the published text. It is not legal advice and does not replace checking official sources and reviewing the facts with a qualified lawyer.
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Decision subject
General Assembly Decision No. 481/2023 addresses mesne profits in the context of a sale of immovable property later found void, including the effect of the buyer's possession with the seller's consent and the point at which mesne profits may begin. This summary is based on the points published on Qarrak and does not republish the decision or its full reasons.
Summarised principle
Where a buyer received the property under a void sale with the seller's consent, the buyer's possession does not automatically become wrongful merely because the sale was later declared void, so as to make mesne profits run from an earlier date. The principle shown in the source connects the start of mesne-profit entitlement to the seller's judicial demand for return of the property, rather than merely to the buyer's demand for repayment of the price.
Limits of the reading
This summary should not be treated as a conclusive rule for every real-estate dispute. The contract, nature of possession, pleadings, prior judgments, partition arrangements, evidence, delivery, and demand may affect the result. The full decision and current law should be checked before relying on it in litigation or a defence.
Practical significance
When reviewing a mesne-profit claim, prepare a documented chronology of contracting, delivery, use, notice, judicial demand, and requests for return. This is a general editorial study, not a judicial text or legal opinion, and it does not replace review of the facts and official source by Ashraf Al-Khawaja.
Frequently asked questions
Decision subject?
General Assembly Decision No. 481/2023 addresses mesne profits in the context of a sale of immovable property later found void, including the effect of the buyer's possession with the seller's consent and the point at which mesne profits may begin. This summary is based on the points published on Qarrak and does not republish the decision or its full reasons.
Summarised principle?
Where a buyer received the property under a void sale with the seller's consent, the buyer's possession does not automatically become wrongful merely because the sale was later declared void, so as to make mesne profits run from an earlier date. The principle shown in the source connects the start of mesne-profit entitlement to the seller's judicial demand for return of the property, rather than merely to the buyer's demand for repayment of the price.
Limits of the reading?
This summary should not be treated as a conclusive rule for every real-estate dispute. The contract, nature of possession, pleadings, prior judgments, partition arrangements, evidence, delivery, and demand may affect the result. The full decision and current law should be checked before relying on it in litigation or a defence.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.
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