Your search for the best property lawyer in Dubai ends here. One of the top legal firms in Dubai and UAE, offers a whole suite of legal services for organizations and individuals. The consultancy is headed by Dr. Elhais, licensed legal consultant, with years of experience in domestic and international law. Whether you are a Dubai national or a foreigner looking to invest in property, Dr. Elhais can give you all the legal assistance.
Best Property Advocates in Dubai and The UAE
Dr. Elhais along with the team of property advocates in Dubai have successfully executed excellent results in providing legal advice and assistance on numerous inheritance matters and asset division disputes. Our team of property lawyers Dubai offers expert legal guidance for real estate transactions, disputes, and inheritance matters. Whilst enforcing wills and assisting heirs to obtain their share through the courts, Dr. Elhais provides a high level of service to all his clients based in Dubai and across the UAE, using his analytical skills to achieve the best possible outcome. Dr. Elhais along with the team of property lawyers in Dubai has advised many expatriate clients both in the United Arab Emirates and beyond. Dr. Elhais is a leading property advocate in Dubai, providing clients with strong legal strategies for complex property disputes.
Drafting complex legal wills and guardianship custody agreements is just one of his unparalleled skills in inheritance law. As one of the best property advocates in Dubai, he has successfully pleaded, on many occasions, before the courts to obtain a fair apportionment of assets as prescribed in a will or inheritance certificate.
Hire The Best Real Estate Lawyers in Dubai & The UAE
If you have any questions about intellectual property law or legalities in Dubai, you can always ask Dr. Elhais for his legal advice. Just fill up the form on our website with your contact details and explain your legal problem. You don’t have to worry as filling up this form doesn’t establish attorney-client relationship, nor does it mean that you are a prospective client of the consultancy. You can fill up the form with the confidence that your question will be addressed by the best real estate lawyers in Dubai. Whether you’re buying or selling property, hiring a qualified property lawyer Dubai can safeguard your investment. A trusted real estate lawyer Dubai can help review sale and purchase agreements and ensure compliance with all UAE property regulations.
When do I have to appoint Real Estate or Property lawyer in Dubai?
One will require employing the services of the top real estate lawyer in Dubai during the time of buying or selling their property in Dubai or in any other Emirate of UAE. With the correct abilities, information and experience identifying with sale and purchase agreement will have the option to prompt an individual as needs be to settle on the best choice and arrangements during the purchasing or selling time. Our experienced real estate attorneys are well-versed in resolving issues related to handover delays and construction defects. Whereas, in case of a commercial property and associated Dubai Property Law, an individual ought to consider the administrations of a legal counselor with sound experience who will have the option to draft and set up the property documents such sale and purchase agreement and negotiate with the property developer in discussing various provisions of the agreement. Likewise, the person will have the option to affirm the renting subtleties of the property one wishes to purchase. With in-depth knowledge of UAE laws, our property lawyers UAE are skilled in representing clients in court or arbitration. One is encouraged to pick the privilege contingent upon the sort of question to be fathomed. In another event, a legal consultant who can deal with property cases is very much advised to appoint, if you wish to file a property case in UAE for delay in handover or fault services or for bad quality of products used by the property developer before the courts of UAE or before the relevant arbitration institutes as mentioned by the sale and purchase agreement.
If you are looking for detailed information on intellectual property law in Dubai, get in touch with us.
Frequently Asked Questions
In the UAE, the distribution of the estate of the deceased under the provisions of the inheritance law, and it is based on the religion, nationality and applicable governing legislation of the deceased. For Muslim individuals, the inheritance is generally subject to the principles of Sharia and the UAE Personal Status Law. Under Islamic rules of inheritance, child, spouse, parents and other heirs are entitled to predetermined shares. In some categories of the succession, male heirs may receive a share equal to two females. Normally the court finds out all legal heirs before issuing the certificate of inheritance and sanctioning the distribution. All debts, funeral expenses and enforceable wills are paid before the inheritance shares are distributed to the beneficiaries.
Yes, non-Muslim expats in the UAE, can request that the laws of their home country to be applied in the inheritance matters. Under the provisions of UAE law, non-Muslims can make wills that provide for the distribution of their estate according to their wishes or according to foreign legal systems. Such wills are usually registered with the relevant authorities such as Dubai Courts or DIFC Wills Service structures. In the absence of a valid will, the UAE courts may take into account the foreign law position by reference to conflict-of-law rules. Drafting and registering correctly can go a long way to avoiding disputes between the surviving family and the beneficiaries. It is advisable that legal advice is sought to ensure enforceability and compliance with UAE’s procedural requirements.
The heirs are first required to obtain an official inheritance judgment or the succession certificate from the competent UAE court. The court identifies the lawful beneficiaries and their respective shares in the estate according to the governing law that applies. After the issuance of the judgment, the heirs can go to the relevant land department to transfer the ownership records. The supporting documents such as death certificates, ID and proof of ownership of the property are usually asked for by the authorities. In case of any outstanding liabilities, mortgages, or government fees attached to the property, may have to be settled before the transfer can be completed. In some cases the heirs may agree to sell the property, and divide the proceeds in accordance with their approved shares.
A will does not completely override the statutory inheritance shares applicable to the Muslim individuals under Islamic Sharia law. In general, under UAE law, a Muslim testator may dispose of up to one third of his estate in a will unless the lawful heirs consent otherwise. The rest of the estate is distributed to the statutory heirs in accordance with the statutory inheritance shares. Courts will closely examine the will’s validity, its scope and the requirements for its execution before giving it effect. The judicial authorities may partially invalidate or restrict any provisions which are in conflict with the mandatory legal rules. Good legal drafting helps to ensure that testamentary wishes are respected as far as permitted under the UAE legislation.
The disputes regarding the inheritance are usually decided by the applicable Personal Status Court in the UAE. The court will consider the evidences about family relationships, claims of ownership, debts, wills and succession laws that apply. The judicial examination of disputed issues may include expert reports, witness statements and documentary evidence. Courts often encourage heirs to make a statement with one another to resolve their dispute before the court comes to a final judgment.
Where foreign law applies, the parties may be required to provide the certified translations and legal opinions explaining the relevant foreign law provisions. The final court judgments become enforceable against the estate assets and may authorize the compulsory implementation procedures when necessary.
In the UAE, the surviving spouse has, a legal right to a share of the inheritance, as per the UAE succession laws, and Sharia principles. It depends how much the deceased left, whether he or she had children, grandchildren or other qualifying descendants. In case of Muslim estates, the surviving wife or husband is entitled to a fixed share expressly provided for under the Islamic inheritance provisions. In addition to inheritance rights, the spouse may also have contractual or joint property rights. And, prior to the distribution, the courts shall ensure the payment of debts, burial expenses and any valid testamentary obligations affecting the estate. Sometimes there are disputes, as to whether certain assets fall into one category or another, and the court will have to clarify this before making a final distribution.
Yes. The digital assets and foreign bank accounts can be subject to the inheritance proceeding, before the UAE courts. The estate assets can include the electronic accounts, investments, cryptocurrencies and foreign financial holdings, not only the physical property. Heirs are generally expected to disclose known assets, so the estate can be administered fully and lawfully distributed. The UAE courts may need to cooperate with foreign authorities or may require additional processes concerning overseas assets which are outside the scope of UAE jurisdiction. In practice enforcement is often based on international treaties, local banking regulations and recognition of UAE judgments abroad. Proper estate planning, and accurate recordkeeping of assets can greatly ease the administration of the inheritance for surviving beneficiaries.
Choosing the right inheritance lawyer in the UAE, depends on their expertise in the will registration, probate, and succession disputes. Many families search for a lawyer who is experienced in the inheritance law in the UAE, as well as the expat estate planning issues. The experience with the international assets and family succession disputes is also relevant. Dr. Hassan Elhais is renowned for providing legal opinion and representation in complex inheritance and estate related issues in the UAE. He helps individuals and families with strategies for the estate planning and probate administration. Proper legal planning is very important to protect assets and to ensure proper distribution of the estate.
