His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and ruler of Dubai has issued a decree that outlines the establishment of a special tribunal to resolve disputes between heirs in relation to the sale of inherited residential property.
The move aims to protect the rights and interests of all concerned parties, especially the elderly, minors, femes sole, divorcees, widows and people of determination. The members of the tribunal will include legal, financial and real-estate experts, and its head will be named by the chairman of the Dubai Judicial Council.
The Chairman of the Dubai Judicial Council will name the entity responsible for providing technical and administrative support to the special tribunal.
The decision authorises the special tribunal to adjudicate and issue rulings on disputes between heirs with regards to the sale of inherited residential property, pursuant to Decree 23 of 2020 Regulating the Sale of Inherited Residential Properties by Heirs. The tribunal will also adjudicate and issue rulings on appeals against the decisions and procedures issued by the Department of Land and Property in Dubai or the Mohammed bin Rashid Housing Establishment.
If the act of partition of the inherited real property is impossible or if the act of partition of the inherited property will cause harm or significantly reduce the property’s value, the special tribunal may auction the inherited property and duly distribute the money between the heirs.
In all its decisions and litigations, the special tribunal must respect the articles of the Federal Law No. (11) of 1992, as amended, and protect the rights and interests of heirs. The special tribunal will not accept or review any case, unless the petitioner or the plaintiff submits a legal document proving the heirs could not reach an amicable settlement.
Following the ruling, all courts in Dubai, including DIFC Courts and other special tribunals, will not review any petition or appeal related to disputes between heirs in relation to the sale of inherited residential property after the activation of this Decision. All judgements, decisions and orders issued by the special tribunal are final and incontestable, and the Execution Court in Dubai will execute the judgements, decisions and orders issued by the special tribunal. The special tribunal will exercise its authorities pursuant to the Laws and legislations applied in Dubai and Sharia Law.