Decree No. (23) of 2020 regulating the sale of heirs to residential real estate in the Emirate of Dubai declaring how any heir can submit a request to a special judicial committee affiliated with the Department of Lands and Properties, with a request to sell a residential property in which this heir owns a share jointly with the rest of the heirs.
Then came Resolution No. (8) for the year 2021 to form this special judicial committee “affiliated with the Lands and Property Department”, explaining its competencies and tasks that revolve around resolving disputes that arise between heirs regarding the sale of residential real estate, as well as the sale of real estate by way of auction in the event that division by mutual consent is not possible and consider any other disputes that may arise between the heirs about the residential properties owned in common.
In light of the foregoing, it is now possible for any heir or his legal representative to submit an application to the Lands and Properties Department for approval to sell a residential property, in accordance with the procedures and controls approved by the Department in this regard.
The Judicial Committee formed under this Decree may sell the property by auction, if it is not possible to divide it in kind among the heirs, as long as this residential property is located in the Emirate of Dubai, and is jointly owned by the heirs, and there are no legal impediments or rights of others – such as mortgages, for example – that prevent its sale, This is after a certificate is issued by the Lands and Properties Department that the heirs’ ownership of the property is absolute, and after an official document is issued stating that an amicable settlement has not been reached.