Sale Contract, If you wish to purchase a property owned by a group of heirs in the UAE and are unsure of the conditions required in this situation, we will clarify all aspects related to this matter, especially with a specialized lawyer like Samaha Law Firm for Legal Consultations.

Executing an Inherited Property Sale Contract in the UAE requires the sale to be conducted between the buyer and all the heirs acting as the seller (one party).

The provisions governing an inherited property sale contract in the UAE are primarily subject to the Civil Transactions Law as the general law, given that the ownership by the heirs is considered joint ownership (ownership in common). However, there are specific laws regulating the sale of inherited real estate in the UAE, including Decree No. 23 of 2020 concerning residential properties in the Emirate of Dubai in the United Arab Emirates, which stipulated the necessary conditions for an inherited property sale contract in the UAE.

What are the Conditions for an Inherited Property Sale Contract in the UAE?

The conditions for an inherited property sale contract in the UAE are as follows:

1. To execute an inherited property sale contract in the UAE, all heirs must have another residence or a residential plot of land that is a grant or owned property.
2. To execute an inherited property sale contract in the UAE, the residential property intended for sale must not be essential for fulfilling their housing needs for any reason, including the disproportionate size of the property compared to the number of heirs.
3. To execute an inherited property sale contract in the UAE, there must be no legal impediments or third-party rights that prevent the sale of the property.
4. To execute an inherited property sale contract in the UAE, the sale of the residential property must not cause harm to any of the heirs, particularly the elderly, minors, unmarried women, divorcees, widows, or people of determination (persons with disabilities).
5. To execute an inherited property sale contract in the UAE, there must be no suitable alternative residence in terms of value, location, and area, regardless of whether the property is a residential grant or owned property.

By contacting Samaha Law Firm for Legal Consultations, you can learn about all the details of an Inherited Property Sale Contract in the UAE, its conditions, and how to execute it in a fully legal manner.

What are the Procedures for Executing an Inherited Property Sale Contract in the UAE?

The procedures for executing an inherited property sale contract in the UAE are as follows:

1. To execute an inherited property sale contract in the UAE, a request must be submitted by one of the heirs or their legal representative, such as Samaha Law Firm for Legal Consultations, to the Department of Land and Property to sell the property.
2. To execute an inherited property sale contract in the UAE, all required documents for that request must be attached.
3. To execute an inherited property sale contract in the UAE, the Department must study the submitted request and verify the authenticity of the attached documents. After completing the study, it must notify the remaining heirs of the applicant heir’s request to sell the property in question.
4. To execute an inherited property sale contract in the UAE, the remaining heirs must inform the Department of their approval or rejection of the sale request within a period of 30 days from the date of their notification by the competent court.
5. In executing an inherited property sale contract in the UAE, if all heirs agree to the request to sell the residential property, the competent Department proceeds to take the necessary steps to complete the sale process.
6. To execute an inherited property sale contract in the UAE, the buyer must agree to deposit the property price into the account of the competent Department, which will then undertake the distribution of the proceeds to the heirs according to each one’s share as per Sharia law.
7. In executing an inherited property sale contract in the UAE, if the competent Department determines during the study that some heirs do not have a residence other than the property requested for sale, the Department will order the sale to be halted until alternative solutions are provided for the remaining heirs.
8. In executing an inherited property sale contract in the UAE, if the 30-day period expires without a response from all heirs, or if some heirs reject the request, the competent Department will proceed with an amicable settlement between the heirs.
9. In executing an inherited property sale contract in the UAE, and in the event the heirs accept the amicable settlement, the competent Department will proceed to sell the inherited property.
10. In executing an inherited property sale contract in the UAE, if the competent Department fails to conduct the amicable settlement, the party requesting the sale has the right to file a lawsuit for property sale through the Committee.
    • The Committee rules to sell the property by public auction if it is impossible to physically divide it among the heirs, or if the physical division would lead to harm or a significant decrease in the property’s value.
    • The Committee must limit the bidding to the heirs if they unanimously request it.

Is it Permitted to Sell Without the Consent of One of the Heirs?

No, the property cannot be sold without the consent of one of the heirs until the procedures for the sale request before the Department of Land and Property are completed and the Department has attempted to resolve the dispute amicably. If the Department fails to do so, it refers the matter to the competent Committee for reviewing such disputes, and then the Committee can rule to sell the property if the necessary conditions for sale are met and the proceeds are divided among the heirs.

Samaha Law Firm for Legal Consultations assists you in fully and legally finalizing these conditions.

Is it Permitted for One of the Heirs to File an Eviction Lawsuit?

Yes, it is permissible for one of the heirs to file an eviction lawsuit against the person who is seizing the inherited property, by filing the lawsuit on their own behalf and adding the estate of their predecessor (the deceased).

We emphasize that anyone wishing to execute an Inherited Property Sale Contract in the UAE should seek assistance from the best specialized lawyers for the drafting of an inherited property sale contract at Samaha Law Firm for Legal Consultations. Contact Us.