A husband writes his property in the name of his wife..and her inheritors seize it

Yousef Al Sharif: “The applicable law in this case is the UAE Personal Status Law.”

A foreign husband complained that his wife's family seized his real estate property, claiming that it was the estate of their deceased daughter, indicating that he had bought it with his own money, and wrote it in the name of his wife before her death, to secure her future after his death, especially since he did not have children from her, and he is currently seeking to file a lawsuit to recover his property.

The husband said in a video episode broadcast by "Emirates Today" on its social media platforms, to shed light on the newly issued Personal Status Law, that he "is 55 years old, works in trade, and married a divorced woman of his nationality, and she has a son from her ex-husband, He had no children from her, and he came to the state five years ago, and invested part of his money in real estate.

He explained that "he bought three residential floors in one of the projects, and registered their ownership in the name of his wife (20 years), out of love, as well as to secure her future after his death, and so that none of his brothers would share the estate and inheritance with her," noting that he agreed with his wife to leave these properties. period and then sell it, or rent it, to benefit from its income.

He added that he used to attend with his wife on visits to the state from time to time, accompanied by her parents and step-son, to spend the vacation.

He pointed out that "after a number of years passed the (Corona) pandemic, and his wife died because of it, and his trade in his country was affected, and he attended to sell the real estate he owned in the state, but he was surprised that his wife's family put their hands on the real estate as their heirs, wondering how he can prove Ownership of these apartments?

Is it possible for him to act as an agency for a lawyer to file a lawsuit proving his ownership, and ask them to hand over the apartments?

For his part, Dr. Youssef Al-Sharif confirmed that the questioner can work as an agency for a lawyer, who will file a case for him before the Emirati judiciary, given that he has jurisdiction in its consideration, because it is a real estate case, aimed at restoring his property and proving his ownership, and that it is part of the estate of his deceased wife, and the law is obligatory. The application in this case is UAE law because its subject matter is real estate based on Article 18 of the Civil Transactions Law, and the UAE judiciary is competent despite the absence of a domicile, place of residence or work place for the claimant or his opponents, in accordance with the text of Clause No. (5) of Article (6) of The UAE Personal Status Law states, “The state’s courts are competent to hear cases related to personal status that are filed against a foreigner who does not have a domicile, place of residence, or place of work in the state, if the case is related to a personal status issue, and the plaintiff is a citizen, or He was a foreigner with a domicile, place of residence, or place of work in the country, if the defendant did not have a domicile or domicileA well-known residence abroad, or if the national law is the one that is applicable in the country, so the civil transaction law is the one that is applicable.” Therefore, the UAE judiciary is competent.

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