Learn more about the Dubai New Law Allowing Heirs to Sell Their Inherited Properties

inheritance law

|

June 30, 2021

|

1267 views


| Your comment matters, please click here to rate article!



The principles of Shariah law in UAE govern the inheritance affairs of all the Muslims especially UAE nationals. Whereas, foreign expatriates whether Muslims or non-Muslims can apply the provisions of their home country law for property inheritance or other family matters. In any case, there are numerous vulnerabilities with respect to property inheritance issues. In contrast to different jurisdictions, the UAE doesn't consider or practice the 'right of survivorship' (providing the property to the surviving joint owner as what happens in Common wealth countries).

It is often described by Family Lawyers of Dubai that the property inherited by the successors are according to the principles of Shariah and each successor gets his or hers shares as per his or her relation with the deceased. It is pertinent to note that successors inheriting property earlier were not allowed to further sell it unless otherwise agreed, however, with the establishment of Dubai Law number 23 of the year 2020 concerning regulation of sale of inherited properties in Dubai, the successors are hereby allowed under a law to properly sell-off their inherited property.

During last month of August 2020, the government of Dubai issued Decree for allowing and regulating the sale of inherited residential properties in the Emirate. The Decree 23 is relevant to all private properties situated in Dubai (aside from private properties allowed under the Mohammed bin Rashid Housing Establishment). The Decree does not discriminate between the properties registered in the designated or un-designated areas available for expatriates and henceforth the Decree is applicable to all nationalities.

The Decree 23 intends to secure members of a family in case of sale of private properties that are dependent upon the orders for inheritance (explicitly senior residents, minors, single females, divorced people, widows and people with uncommon needs), to guarantee that the sale of the property isn't hindering to their privileges and interest. The Dubai Land Department (DLD) is approved to endorse an utilization of sale put together by any of the beneficiaries, and move title to a buyer. DLD may likewise approve sale of a property through auction. Upon completion of the deal, the Land Department will thereafter provide the proceeds collected from the property to the beneficiaries of the estate as per their individual rights in the inherited property.

In case of a dispute between the beneficiaries, they may document a case before the Special Judicial Committee which has restrictive and special jurisdiction to survey and settle on such disputes. The Decree 23 is compelling from the date of its publication, and nullifications all arrangements in some other laws in power that are conflicting to the arrangements of Decree 23.

At last, any auras or activities that repudiate with the arrangements of Decree 23 will be void, will not be enrolled in any official record, and will not make any rights or commitments. Therefore, it is pertinent for all readers to carefully scrutinize the provisions of the new Decree 23 or else approach the Best Property Lawyers of Dubai to receive the best possible advice.


Related Links


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.

Comments

No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Select your Language:

        

Main Menu