The report of the engineering expert confirmed the failure to sort and spare

A court ruling selling part of a villa in a public auction between the heirs

The court took the report of the engineering expert.

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The Abu Dhabi Court of First Instance decided to sell a brother's share in a residential plot of land on which a villa is built in a public auction, with the auction being limited to his other brothers if they unanimously request it, and to compensate the brother with a rental benefit for the land and its annexes from the villa, at the rate of 47,000 dirhams for each year from the date of their father's death.

The plaintiff had filed a lawsuit in which he requested the assignment of an engineering expert to sort and spare his share in a residential plot of land and end the state of communion, indicating that their father died and his estate was counted, and it was registered in their name on the common ground, and that he wanted to end the state of commonness between him and his brothers so that he could benefit from his share .

The report of the engineering expert delegated from the court showed that it was impossible to sort and spare the plot of land, because it did not meet the requirement of the minimum area required, and it was not possible to make a division of the land to divide a benefit, because there is a villa on the common ground based on it, in addition to the inability to be independent within any small area that is detached, as this requires Opening a special door for it that contradicts the engineering requirements, indicating that the large number of heirs prevents the implementation of a benefit division in the villa.

The two parties acknowledged that they did not agree to any benefit division in the event that the in-kind division was not possible, and the brother demanded to calculate the value of the usufruct allowance, to obtain his material share resulting from the value of the land and villa, and the benefit allowance for the previous period, and to sell his share in the plot of land to any of the partners or sell it in The public auction, while the brothers' agent refused, and indicated that they had paid previous debts on their father and the value of the villa repairs.

The prosecutor indicated that his brothers reside in the land permanently, and rent part of it to others since the death of their father, and his share of the benefit allowance has not been granted to him for his share.

The expert committee estimated the rental value of the land at seven million dirhams, and the defendant brothers confirmed that the property is not mortgaged to any party, and that they are willing to buy their brother’s share according to the evaluation received from the Real Estate Evaluation Committee, indicating that there are settlement efforts, and the plaintiff’s brother confirmed that he has no objection. From selling his share to his brothers in what is not settled.

The court returned the case to the expert who concluded that the estimated rental value of the villa on the land, during the previous periods, was 285 thousand dirhams annually, to which the rent of the external council rented to others would be added at an amount of 85 thousand annually, and that the average value of the rental benefit allowance for the plaintiff for each year, since the death of the inheritor 47 thousand and 791 dirhams annually.

The court has decided to authorize the sale of the plaintiff’s share by public auction, with the auction being limited to the partners, if they request it unanimously, provided that the price of the piece with its buildings on it is not less than seven million dirhams, and the plaintiff delivers the proceeds from the sale of his share, and the lawsuit ends by proving what the expert concluded regarding the plaintiff’s request for rent For the benefit allowance for his share in the real estate subject of the lawsuit, and obligating the parties to pay the fees and expenses of the case equally among them.

The large number of heirs prevents the implementation of a benefit division in the villa.

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