Dubai forms tribunal to settle disputes on inherited property

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A special tribunal has been formed in Dubai to resolve disputes related to the sale of inherited residential property.

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and the Ruler of Dubai, has issued Decision No. (8) of 2021 in this regard.

The move aims to protect the rights and interests of all concerned parties, especially the elderly, minors, feme sole, 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.

The tribunal has been tasked with issuing rulings on disputes between heirs regarding the sale of inherited residential property.

It will also adjudicate and issue verdicts 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 if the partition of the property will cause harm or significantly reduce the value of the property, the special tribunal may auction the property and duly distribute the money between the heirs.

In all its decisions and litigations, the tribunal must respect the articles of the Federal Law No. (11) of 1992, as amended, and protect the rights and interests of heirs.

It 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.

Pursuant to the new 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.

All judgement, decisions and orders issued by the special tribunal are final and incontestable, and the judgement shall be executed by the Execution Court in Dubai.

The special tribunal will exercise its authorities pursuant to the laws and legislation applied in Dubai and Sharia Law.

The Chairman of the Dubai Judicial Council will name the entity responsible for providing technical and administrative support to the special tribunal.

This Decision is active from its date of issuance and will be published in the Official Gazette.

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