The Ras Al Khaimah Court affirmed that it is not permissible for foreigners to own grants

An African widow asks for proof of ownership of the "Grant House"

A full civil court in Ras Al Khaimah confirmed that ownership of the grant land may not be transferred or disposed of unless its ownership is transferred to the inheritor before his death, and it is not permissible for the foreign wife to own the land by selling it or assigning it to her as the land he granted.

The court rejected a lawsuit filed by an (African) woman who was the wife of a citizen who died last year, in which she demanded to prove her ownership of the house that she inherited from her husband, as she was the guardian of her minor daughter, and demanded that the estate of the house be divided between her and the legal heirs, who are seven of the deceased's children, each according to his legal share.

She explained that she was the wife of a citizen and had a baby with him, and he issued her a paper declaring that the house in which she lives is part of her dowry, and that if the marital life between them lasts from one to three years, the house is officially registered in her name.

She added that she lived faithfully to her husband until his death last year, and she has the right to claim ownership of the house and take it out of the estate and divide it for her and the rest of the heirs, and the judge has appointed an expert, who concluded that the house is a grant to the inheritor with which no ownership document has been issued to the inheritor.

The verdict stated that ownership in real estate transactions is not transferred by registration alone, but is transferred by two matters: the first is the correct contract that transfers ownership and the second is a complementary one, which is registration, noting that it is decided in accordance with Article 8 of the Law on Granting Lands of the Emirate of Ras Al Khaimah. He obtained the ownership document to dispose of it by sale, and every act after the date of June 1, 1980 is invalid.

She indicated that what is proven in the papers is that the bequest has approved his relinquishment of the house to the plaintiff as part of her dowry, which is conditional on the continuation of the marital relationship between them, for a period of three years, and it is fixed for the court until the date of the death of the deceased, but the court has established that this land is a grant from His Highness the Ruler to the deceased and has not The transfer of its ownership to the bequest by the issuance of a property document in his name after it, which indicates that all procedures for transferring ownership to the inheritor have not been completed so that he may transfer or assign it to the plaintiff.

She added that the land is a grant and its ownership may not be transferred by any act of transferring ownership, except with the consent of His Highness the Ruler to conduct the transfer of ownership or by following the stipulated procedures, unless it is proven in the papers and the plaintiff does not claim to have occurred.

She indicated that these lands may not be owned by foreigners by selling them or assigning them to them, as the plaintiff is (African) and not a citizen of the state, and it is not possible in any way for that declaration submitted by the deceased to be a basis for the plaintiff’s ownership of the property and that dispute is over The property on the part of the plaintiff was not supported by the correct law, and the court decides to reject it and oblige it to pay the fees and attorney fees.

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