Written by Dr. Hassan Elhais 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.
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