KHALEEJ TIMES, Thursday, Mar 18, 2021 | Shaaban 4, 1442
Dubai forms special tribunal to resolve inherited property disputes
Emirates:
Dubai has set up a special tribunal to resolve disputes between heirs with
regard to the sale of inherited residential property.
Vice President and Prime Minister of the UAE His Highness Sheikh Mohammed bin
Rashid Al Maktoum, in his capacity as the Ruler of Dubai, issued the order No.
(8) of 2021 to form the special tribunal.
The move seeks to protect the rights and interests of all concerned parties,
especially the elderly, minors, single women, divorced women, widows and people
of determination. Members of the tribunal will include legal, financial and
real-estate experts. The Chairman of the Dubai Judicial Council will name the
president of the special tribunal, a Dubai government statement said.
This decision is active from its date of issuance and will be published in the
Official Gazette.
The Ruler’s decision authorises the special tribunal to adjudicate and issue
rulings on disputes between heirs regarding the sale of inherited residential
property pursuant to Decree 23 of 2020 “Regulating the sale of inherited
residential properties by heirs.”
The special tribunal will also adjudicate and issue rulings on appeals against
the decisions and procedures issued by the Department of Land and Property in
Dubai or the Mohammed bin Rashid Housing Establishment. “If the act of partition
of the inherited real property is impossible, or otherwise if the act of
partition of the inherited real property will cause harm or significantly reduce
the value of the property, the special tribunal may auction the inherited real
property and duly distribute the money between the heirs,” said the order.
“In all its decisions and litigations, the special tribunal must respect the
articles of the Federal Law No. (11) of 1992, as amended, and protect the rights
and interests of heirs. The special tribunal will not accept or review any case
unless the petitioner or the plaintiff submits a legal document proving the
heirs could not reach an amicable settlement,” the statement said.
Pursuant to the decision, all courts in Dubai, including DIFC Courts and other
special tribunals, will not review any petition or appeal related to disputes
between heirs in relation to the sale of inherited residential property after
the activation of the order.
All judgments, decisions and orders issued by the special tribunal are final and
incontestable, and the Execution Court in Dubai shall duly execute the
judgments, decisions and orders issued by the special tribunal. The special
tribunal will exercise its authorities pursuant to the Laws and legislations
applied in Dubai and Shariah Law.
The chairman of the Dubai Judicial Council will name the entity responsible for
providing technical and administrative support to the special tribunal.