Decree No. (31) of 2023
Amending Decree No. (23) of 2020
Regulating the
Sale by Heirs of Residential Real Property in the
Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Federal Law by Decree No. (42)
of 2022 Issuing the Civil Procedure Code;
Law No. (13) of 2016 Concerning
the Judicial Authorities in the Emirate of Dubai and its amendments;
Decree No. (23) of 2020
Regulating the Sale by Heirs of Residential Real Property in the Emirate of
Dubai (the “Original Decree”); and
Decree No. (25) of 2023
Establishing the Probate Court in the Emirate of Dubai,
Do
hereby issue this Decree.
Articles (1), (6), (7), (8) and (9) of the
Original Decree are hereby superseded by the following:
The following words and expressions, wherever
mentioned in this Decree, will have the meaning indicated opposite each of them
unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
DLD: |
The Land Department. |
|
MBRHE: |
The Mohammed bin Rashid
Housing Establishment. |
|
Director General: |
The director general of
the DLD. |
|
Residential Real Property: |
A vacant land plot, or a
dwelling constructed in the Emirate on a granted or freehold land plot, which
is co-owned in undivided shares by heirs to whom a certificate of freehold
title is issued by the DLD, whether it was originally granted by the
Government to their legator or was owned by him through any other means of
acquisition of ownership. |
|
Probate Court: |
The probate court
established pursuant to the above-mentioned Decree No. (25) of 2023. |
a.
Where
the period referred to in paragraph (c) of Article (3) of this Decree lapses
without receiving a response from the heirs to the notification of the
Residential Real Property sale application, after verifying receipt or
knowledge by the heirs of the notification; or where any of the heirs declines
to consent to the Residential Real Property sale application, the DLD will
mediate an amicable settlement among the heirs, where possible, in accordance
with the relevant rules, procedures, and time frames prescribed by the DLD.
b.
Where
all heirs accept the amicable settlement mediated by the DLD in accordance with
the provisions of paragraph (a) of this Article, the settlement will be
documented in a contract executed by all the heirs or their legal representative(s),
and will be attested by the DLD in accordance with the legislation in force. In
this case, the DLD will proceed with the procedures for sale of the Residential
Real Property, in accordance with the provisions of Article (4) hereof.
c.
Where
any of the heirs persists in declining to consent to the Residential Real
Property sale application in spite of the DLD amicable settlement endeavours
undertaken in accordance with the provisions of paragraph (a) of this Article,
the DLD will issue an official document in favour of the applicant heir stating
that an amicable settlement among the heirs cannot be reached, in order to
enable that applicant to file a claim before the Probate Court for the sale of
the Residential Real Property.
Any affected party may file an appeal with the
Probate Court against any decisions issued, or actions taken, by the DLD or the
MBRHE under this Decree. The appeal must be filed within ten (10) working days
from the date on which the affected party is notified of the contested decision
or action. The appeal will be considered and determined by the Probate Court in
accordance with the relevant procedures, time frames, rules, and conditions
prescribed by the Probate Court.
a.
The
Probate Court will consider the applications, claims, or disputes that arise
among heirs in respect of the sale of Residential Real Property in accordance
with the provisions of this Decree. This includes appeals against the decisions
issued, or actions taken, by the DLD or the MBRHE under this Decree.
b.
The
Probate Court will have jurisdiction to consider and determine the
applications, claims, disputes, and appeals referred to in paragraph (a) of
this Article, in accordance with the procedures, rules, and regulations
stipulated in the above-mentioned Decree No. (25) of 2023.
a.
The
Probate Court will deliver a judgement to sell the Residential Real Property by
auction, where it cannot be partitioned in kind or where the in-kind partition
would result in any prejudice or significant decrease in the value of the
Residential Real Property, in which case the plaintiff must litigate against
all the heirs. Where the Probate Court decides to sell the Residential Real
Property by auction, it may restrict the auction to the heirs if they request
this unanimously.
b.
In
issuing a decision to sell the Residential Real Property, in accordance with
the provisions of this Article, the Probate Court must ensure that none of the
heirs will suffer any harm as a result of the sale, especially the elderly and
minors; unmarried, divorced, and widowed female heirs; and persons with
disabilities.
c.
The
Probate Court may not admit any application or claim in respect of the sale of
Residential Real Property in accordance with the provisions of this Decree,
unless the applicant or plaintiff submits the official document referred to in
paragraph (c) of Article (6) of this Decree.
d.
The
Probate Court will distribute the Residential Real Property sale proceeds among
the heirs based on their respective shares in the Residential Real Property.
e.
In any
event, the Probate Court must, in issuing its decision to sell the Residential
Real Property, take into consideration the case study conducted in accordance
with the provisions of paragraph (b) of Article (3) of this Decree, and comply
with the rules and procedures stipulated in the above-mentioned Federal Law by
Decree No. (42) of 2022.
Any provision in any other legislation is hereby
repealed to the extent that it contradicts the provisions of this Decree.
This Decree will be published in the Official
Gazette and will come into force on the day on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 14 June 2023
Corresponding
to 25 Thu al-Qidah 1444 A.H.
©2023 The Supreme Legislation
Committee in the Emirate of Dubai
[1]Every effort has
been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.