Sheikh Mohammed forms tribunal to resolve disputes of inherited property

Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, issued the Decision No. (8) of 2021 to form a special tribunal to resolve disputes between heirs in relation to the sale of inherited residential property.

The special tribunal, which will abide by legislations applied in Dubai and Sharia law, 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. 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.

If the act of partition of the inherited property is impossible, or otherwise will cause harm or pare the value of the property, the tribunal may auction the inherited property and distribute the money between the heirs. Meanwhile, the special tribunal, in its decisions and litigations, must respect the articles of the Federal Law No. (11) of 1992, as amended, and protect the rights and interests of heirs.

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 this decision.

Members of the tribunal will include legal, financial and real estate experts.

The decision aims to protect the rights and interests of all concerned parties, especially the elderly, minors, single and divorced women, widows and people of determination.

The chairman of the Dubai Judicial Council will name the president of the special tribunal, official news agency WAM reported.

The 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.

All judgements, decisions and orders issued by the special tribunal are final and will be executed by the execution court in Dubai.

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