A new committee to settle heirs’ disputes in Dubai

Based on decision No. 8 of 2021, a Special Tribunal was formed to consider and decide upon any applications, claims, discussions, and appeals submitted in terms of selling inherited residential real estate.

This special judicial committee in Dubai will resolve disputes on the sale of inherited residential property, reflecting article 1 of Decree 23 of 2020, “Regulating the sale of residential properties by heirs”.

It will be constituted by a chairman, and its membership should be from those whose are specialize and have expertise in legal, financial, and real estate fields.

The Special Judicial Committee considers:

Requests, allegations, or disputes between heirs in case of sale of residential property in accordance with the provisions of Decree No. (23) of 2020 regulating the same in the Emirate of Dubai.

Appeals submitted to the decisions issued by the Department of Land and Property or the Mohammed bin Rashid Housing Establishment, as well as the procedures adopted by either of them in accordance with the provisions of the decree.

Sale of residential property by auction if it is not possible to divide the residential real estate in kind, depositing the amount of the sale of the residential real estate into account of the Land and Property Department (DLD), which then distributes it to the heirs according to their share.

Investigating and settling any dispute that arises between the heirs related to the inherited residential property.

The committee in practicing its jurisdiction must take into consideration:

• the rules stipulated in Federal Law No. (11) of 1992 regarding civil procedures act and its regulatory regulations.
• protecting human rights, especially for the elderly, minors, unmarried women, divorced women, widows, and people of determination.

The committee will not register any claim unless the applicant submits the official documents from the Land department state that the heirs have not reached an amicable settlement to sell the residential property.

Technically speaking, the committee exercises its powers in accordance with the legislation in force in the emirate, provisions of Islamic law, provisions of custom not contrary to applicable law, public order, or public morals principles of natural justice and equity.

The decisions of the committee are final and not subject to appeal, and they can be executed through the competent execution court in the emirate, in accordance with the rules followed by it in this regard.

The law has been issued on 3 March 2021 and has been published on 29 March 2021 in the Official Gazette. Thus, the decision is enforceable from the date of its issuance and published in the Official Gazette.

The decision to establish such a commission dedicated to resolving disputes between heirs is an example of how the Rulers of the country strive to make the legislative system increasingly effective and specialized, as well as reflecting their commitment to protecting the weaker individuals.