Mohammed bin Rashid issues a decision to form a committee to settle the disputes of heirs

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the State, 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 residential real estate. After the death of their heirs, 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, to be named by a decision of the President of the Judicial Council For the Emirate of Dubai.

Committee terms of reference

According to the decision, the Special Judicial Committee undertakes several tasks, including: consideration and adjudication of 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 consideration and adjudication of appeals. That are submitted to the decisions issued by the Department of Land and Property or the Mohammed bin Rashid Housing Establishment or the procedures taken by either of them in accordance with the provisions of the aforementioned decree, the procedures, extensions, controls and cases approved by the Special Judicial Committee in this regard, as well as the sale of residential property by auction, if it is not possible. Dividing the residential real estate in kind, or if the division in kind would cause damage or a significant decrease in the value of the residential property.

The committee is also responsible for 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 that arises between the heirs and is related to the residential property, and the committee decides to decide on it according to what it deems appropriate In this regard, with the aim of ending the disputes between the heirs regarding residential real estate. 

The decision stipulated that the committee, in its ruling or decision issued to sell residential real estate, take into account several things, 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 be harmed, especially the elderly. Minors, unmarried women, divorced women, widows, and people of determination, as well as the case study that the Land Department conducts in coordination with the concerned government agencies in accordance with the provisions of the decree.

According to the decision, the committee will adopt the organizational procedures, rules and principles to 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 claim has the official document issued Regarding the constituency involved, it was not possible to reach an amicable settlement between the heirs to sell the residential property.

The powers of the committee

The powers of the Special Judicial Committee, as stated in the decision, include: limiting the auction in the sale of residential real estate to the heirs if they request it unanimously, and considering and settling 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 committee chairman. And the issuance of interim 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 dispute, and seek the assistance of whom the committee deems appropriate with experience and competence, including the formation of subcommittees and specifying their tasks and the duration of their work, without being Any of them had a counted vote in the committee's deliberations.

Commitment of courts, judicial authorities and enforcement departments

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 refrain from considering any request, allegation, or appeal that is submitted to them after the implementation of this decision, which falls within the jurisdiction of the committee, and they must stop considering requests and cases. And the appeals that were submitted to it before the implementation of this decision and referred them to the Land and Property Department, to be in charge of submitting them to the Special Judicial Committee to issue the decisions, orders and judgments necessary for adjudication, provided that the implementation of judgments and decisions issued prior to the implementation of the provisions of this decision by all courts and judicial authorities is suspended. 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, and the decision obligated the enforcement departments to stop implementing these judgments and decisions, and refer them to the Land and Property Department, in order to present them to the committee to set the mechanism, procedures and extension Necessary to implement those decisions and judgments. 

The decisions, decisions, and orders of the committee are final and final and not subject to appeal by any means of appeal, and they are executed through the competent execution court in the emirate, in accordance with the rules followed by it in this regard, and the committee exercises its powers in accordance with: the legislation in force in the emirate, the provisions of Islamic law, and the provisions of custom. Except if 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 enforced from the date of its issuance and published in the Official Gazette.

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