Dubai’ Ruler and UAE’s Vice President and Prime Minister has issued Dubai Decision No. 8/2021 establishing a special tribunal to resolve disputes between heirs in relation to the sale of inherited residential property.
It aims to protect the rights and interests of all relevant parties, especially the elderly, minors, single and divorced women, widows and disabled people. Members of the tribunal will include legal, financial and real-estate experts. The Chairman of the Dubai Judicial Council will name the President of the Tribunal.
The special tribunal is authorised to adjudicate and issue rulings on disputes between heirs regarding the sale of inherited residential property under Dubai Decree No. 23/2020 Regulating the Sale of Inherited Residential Properties by Heirs. They 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 real property will cause harm or significantly reduce the value of the property, the tribunal may auction the inherited real property and distribute the money between the heirs.
In all its decisions and litigations, the tribunal will have to respect Federal Law No. 11/1992 (as amended) and protect the rights and interests of heirs. The tribunal will not accept or review any case unless the petitioner, or the claimant submits a legal document proving the heirs could not reach an amicable settlement.
Under the Decision, all Dubai courts, including the 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 Decision comes into force.
All judgments, decisions and orders issued by the tribunal are final and incontestable and the Execution Court will execute the judgments, decisions and orders issued by the tribunal. They will exercise their authorities in line with the Laws and legislations applied in Dubai and Sharia Law.
The Chairman of the Dubai Judicial Council will name the entity responsible for providing technical and administrative support to the tribunal.
It will be published in the Official Gazette and come into force on its issued date.