Tarish Al-Mansoori: It represents a real leap and saves time and effort

The “Inheritance Court” will begin its work in Dubai next month

During a press conference to announce the date of the start of the inheritance court.

From the source

Dubai Courts announced the launch of the special inheritance court, which was established under the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, and by a decision of His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai and Deputy Prime Minister The Minister of Finance and Chairman of the Judicial Council in Dubai, starting from next month, to consider the lawsuits and requests for inheritance.

Director General of Dubai Courts, Tarish Eid Al-Mansoori, said in a press conference yesterday that "the court represents a real leap in the qualitative judicial system, and it reduces a lot of time and effort."

In its first phase, the court consists of two judicial circuits, each of which includes four judges who were delegated from different courts to hear cases of the inheritance court.

He explained that the inheritance court consists of one degree of litigation headed by a cassation judge, membership of an appellate judge, and a judge of first instance, in addition to a preparatory judge of not less than a first instance judge who exercises his competencies stipulated in the Civil Procedures Law and its regulations and their amendments, as the case is prepared and prepared within 30 days from the date of its registration, and it is decided within 12 months, and its circulation may not be extended except with the approval of the President of the Court, and in the presence of strong reasons that require it.

Al-Mansoori stressed that “establishing a special court for inheritance on a single level of litigation does not prejudice the guarantees of achieving full justice for the parties to the lawsuits, as its rulings may be appealed through a petition for reconsideration.

It may also retract its rulings in accordance with the controls and procedures stipulated in the Civil Procedures Law and its amendments, in addition to being subject to judicial inspection, like other courts, to ensure that their rulings are issued with the highest degree of accuracy and integrity.”

He pointed out that the court’s headquarters is located inside the Personal Status Court building in Dubai, and all means of logistical support and full equipment were provided, including offices and administrative staff, stressing that “the files and lawsuits of inheritance in an emirate like Dubai, with a great economic status, are of great importance.

Therefore, the new court is expected to reduce several steps and a great deal of time that was wasted in the past.”

He explained that the system previously applied to inheritance lawsuits, each of them is considered according to the nature of the dispute, so the parties are scattered between civil, commercial, real estate and personal status courts, but the new court contains all these branches, and it is competent to settle every dispute related to the inventory list, liquidation of the estate, or the division of its funds between heirs, or any civil, real estate, or commercial lawsuit arising from the estate, or any incidental requests related to the expulsion or entry of an heir, wills, or settlement between heirs in gifts, arising or indivisibly linked to them.

He added that the court's rulings are final, covered by expedited enforcement, and are not subject to appeal except through a petition for reconsideration, and thus the court shortens the time wasted for litigation procedures between specialized courts that refer cases between them, and the complications that may result from them due to the multiplicity of views between the various and multiple bodies And the various degrees, as part of the continuous development of the judicial system in Dubai and the quest to make its litigation system the best in the world, and to make it a new judicial tributary that contributes to enhancing social and economic stability in the emirate.

Al Mansouri stressed that Dubai Courts have provided all possibilities for the success of the court, which is the first of its kind in the world, as it reduces the three degrees of litigation to one degree, and issues peremptory judgments that can be implemented immediately with innovative procedures that shorten the time of the case, and the court will have a significant positive impact on the litigants, represented in simplifying and accelerating The litigation procedures, as part of the initiative launched by His Highness Sheikh Mohammed bin Rashid Al Maktoum (Dubai 10X), which came as part of presenting ideas outside the box, to advance government work and enhance the position of the state and the Emirate of Dubai globally.

He added that "Dubai Courts" took the lead in this direction, and the experience is being studied locally at the state level.

It is expected that the Ministry of Justice will adopt the experiment, in light of the important role that the inheritance court is supposed to play, in considering all cases and requests for inheritance before a single judicial authority and according to a specific time frame, to achieve a set of goals, including maintaining social and family ties, and protecting them from the enemy. The litigation when considering inheritance cases, and shortening the litigation procedures to be in one stage instead of several stages, while maintaining the requirements for reviewing judicial rulings, their accuracy, and achieving speedy settlement of inheritance cases without prejudice to the requirements of prompt justice.

He stated that the court combines the various jurisdictions related to the inheritance lawsuit, as it is able to adjudicate on it, and on the cases that branch out from it that fall within its jurisdiction, in addition to achieving procedural flexibility in inheritance lawsuits that may require innovative legal solutions to end them.

A milestone in the history of the Dubai judicial system

The first president of the Special Inheritance Court in Dubai, Judge Dr. Muhammad Al Shamsi, said that the court represents a milestone in the history of the judicial system in Dubai.

He explained that the court’s role starts from the date of the issuance of the referral decision by the Personal Status Court, and it undertakes the completion of the procedures for managing the deceased’s funds until it is divided among the heirs according to the legal shares, the completion of the liquidation work, and the settlement of every dispute related to the inventory list, liquidation of the estate, or dividing its funds among the heirs .

It includes any civil, real estate or commercial lawsuit arising from the inheritance between heirs or between heirs and third parties, and any incidental requests, or the introduction of an heir, or by wills, or by settlement between heirs in gifts, arising or indivisibly linked to them.

He added that the inheritance services in the court branch out in their independence, in terms of jurisdiction, conditions and fees for the service, including a private estate lawsuit - personal status, a private estate lawsuit - real estate, a private estate lawsuit - civil, a private estate lawsuit - commercial.

It also allows litigants to obtain a package of personal status litigation services related to the inheritance file and others, such as registering lawsuits related to the introduction and removal of an heir, proving and denying a will, and other services that benefit heirs and non-heirs with a relationship or interest, and they can obtain them through the website To Dubai Courts, subject to prior registration, in addition to government service provision centers.

He pointed out that obtaining services requires the registration of unified documents and documents, such as the statement of claim and the portfolio of documents and a permit issued by the preparation judge to register a case, in which it is required that the documents be electronic and translated into Arabic as a legal translation approved by the Ministry of Justice in the UAE.

The court will have a positive impact on the litigants, which is to speed up the procedures.

Inheritance court rulings are final and subject to expedited enforcement and are not subject to appeal except by petition for reconsideration.

Follow our latest local and sports news and the latest political and economic developments via Google news