In a decision issued by Mohammed bin Rashid to settle disputes of "heirs" related to the sale of residential real estate owned by their inheritors

A judicial committee in charge of selling the residential property by "auction" in the event that it cannot be divided among the inheritors in kind

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His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister, in his capacity as Ruler of the Emirate of Dubai, issued Decision No. (8) of 2021 regarding the formation of a special judicial committee to consider and decide on requests, allegations, or disputes that arise between the heirs due to the sale of the property. After the death of their inheritor, with the aim of preserving the rights of all parties, especially the elderly, minors, unmarried women, divorced women, widows, and people of determination, provided that the committee consists of a chairperson and a number of members with experience and competence in the legal, financial and real estate fields. Naming them by a decision of the President of the Judicial Council of the Emirate of Dubai.

The decision preserves the rights of all parties, especially the elderly, minors, divorced women, widows and people of determination. - The decision obliges the courts and judicial authorities not to consider any request, allegation, or appeal that is submitted to them after the decision has come into force. - The residential property is sold by “auction” if the division in kind would cause damage or a significant decrease in its value.

Committee terms of reference

According to the decision, the Special Judicial Committee: examines and settles requests, allegations, or disputes that arise between heirs due to the sale of residential real estate, in accordance with the provisions of Decree No. (23) of 2020 regarding the regulation of the sale of heirs to residential real estate in the Emirate of Dubai, and it considers and settles the appeals submitted. On the decisions issued by the Land Department, or the Mohammed bin Rashid Housing Establishment, or the measures taken by any of them in accordance with the provisions of the aforementioned decree, and the procedures, periods, controls and cases approved by the special judicial committee in this regard, as well as the sale of residential property by "auction", in case It is not possible to divide the residential property in kind, or if the division in kind would cause damage or a significant decrease in the value of the residential property.

The decision stipulated that the committee, in its ruling or decision issued to sell residential real estate, take into account several matters, including: the rules and procedures stipulated in Federal Law No. (11) of 1992 regarding civil procedures and its regulatory regulations, and that none of the heirs will suffer any harm, especially senior citizens. Age, minors, unmarried women, divorced women, widows, and people of determination, as well as case studies conducted by the Land and Property Department, in coordination with the relevant government agencies in accordance with the provisions of the decree.

According to the decision, the committee will adopt the organizational procedures, rules and principles that must be followed by the committee when considering and deciding on cases, human rights disputes and requests within its jurisdiction in accordance with the provisions of this decision, in accordance with the provisions of the legislation in force in the Emirate of Dubai.

According to the decision, the committee may not register any lawsuit, or accept any request or claim related to the sale of residential real estate, in accordance with the provisions of Decree No. (23) of 2020 regarding the regulation of the sale of heirs to residential real estate in the Emirate of Dubai, unless the plaintiff, applicant or claimant has the document The official issued by the involved department could not reach an amicable settlement between the heirs to sell the residential property.

Courts commitment

The decision stipulates that all courts and judicial authorities in the emirate, including the courts of the Dubai International Financial Center and the Special Judicial Committees, shall not consider any request, allegation, or appeal submitted to them, after the implementation of this decision, that falls within the jurisdiction of the committee, and they must stop hearing Requests, lawsuits and appeals that were submitted to it prior to the implementation of this decision, and referred them to the Land Department, in order for them to submit them to the Special Judicial Committee to issue the decisions, orders and provisions necessary for adjudication, provided that according to this decision the implementation of the judgments and decisions issued prior to the implementation of the provisions of this decision shall be suspended for all Courts and judicial authorities in the emirate, including the courts of the Dubai International Financial Center, or those that have been partially implemented, and related to everything that falls within the jurisdiction of the committee.

The decision obligated the implementation departments to stop implementing those provisions and decisions, and refer them to the Land and Property Department, in order for them to present them to the committee to set the mechanism, procedures and periods necessary for the implementation of those decisions and rulings.

The decisions, decisions and orders of the committee are final, final and not subject to appeal

The decisions, decisions, and orders of the committee shall be final and final and not subject to appeal in any way of appeal, and they shall be executed through the competent execution court in the emirate, in accordance with the rules it has followed in this regard, and the committee shall exercise its powers in accordance with: the legislation in force in the emirate, the provisions of Islamic Sharia, and the provisions of custom. Unless it is contrary to applicable legislation, public order or morals, and the principles of natural justice, right and equity.

The head of the Judicial Council of the Emirate of Dubai issues a decision specifying the body mandated to provide administrative and technical support to the committee.

Resolution No. (8) of 2021 shall be effective from the date of its issuance, and to be published in the Official Gazette.

Deposit the amount of the property sale in the Dubai Land account.

The committee is concerned with depositing the amount of the sale of the residential property in the account of the Land and Property Department, which distributes it to the heirs according to their share in the residential real estate, and looks into and settles any other rights dispute arising between the heirs that is related to the residential real estate, and the committee decides to decide on it according to what it deems appropriate in In this regard, with the aim of ending the disputes between the heirs regarding residential real estate.

Restricting the "auction" in selling the residential property to the heirs if they request it unanimously

The powers of the Special Judicial Committee, as stated in the decision, include: limiting the "auction" in selling the residential property to the heirs if they request it unanimously, and considering and adjudicating the relevant regular and urgent requests, whether by one or more members of the committee, who will be assigned to do so by a decision of the Chairman. The committee, and issuing temporary and preliminary orders and decisions, including obligating any person to do work or abstain from work, offer reconciliation and reconciliation between the parties to the conflict, and seek the assistance of whom the committee deems appropriate from the experienced and competent, including the formation of subcommittees and specifying their tasks and the duration of their work, without That any of them have a counted vote in the deliberations of the committee.

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