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.
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