Inheriting a property with other family members can sometimes create an unexpected problem.
One heir may want to sell.
Another may want to keep the property.
Someone else may simply refuse to make a decision.
And suddenly, an asset that was meant to benefit the family becomes a source of tension.
The good news is that disagreement between heirs does not necessarily mean that the property must remain jointly owned forever.
Dubai law provides a specific route for dealing with certain inherited residential properties where one or more heirs wish to sell but agreement cannot be reached.
The process, however, is not automatic.
The law tries to balance two things at the same time:
the right of an heir to deal with an inherited share,
and the need to protect the interests of the other heirs.
That is why the details of the property, the heirs and the proposed sale all matter.
Can One Heir Start the Sale Process?
Yes.
Under Dubai Decree No. 23 of 2020, an heir — or a legal representative acting on the heir’s behalf — may submit an application to the Dubai Land Department for approval to sell qualifying residential property owned jointly by the heirs.
This is important.
You do not necessarily need every heir to agree before the process can begin.
But starting the process is not the same as having an automatic right to force an immediate sale.
The Dubai Land Department must first examine the circumstances of the property and the heirs.
What Does the Dubai Land Department Look At?
The process begins with a case study.
The Dubai Land Department may coordinate with other relevant government authorities when assessing the application.
Among the issues that may be considered are whether there are legal restrictions or third-party rights that prevent the sale, and whether selling the property may cause harm to any of the heirs.
Particular attention may be given to heirs who could be especially affected by the sale, including minors, elderly heirs, persons with disabilities and certain heirs who may depend on the property as their home.
This is one of the most important features of the process.
The law is not simply asking:
Does one heir want to sell?
It is also asking:
What would the sale mean for everyone else?
What Happens After the Application Is Submitted?
Once the application has been reviewed and the relevant requirements are satisfied, the other heirs are notified of the request to sell.
They are then given an opportunity to agree or refuse.
Where everyone agrees, the sale process can proceed in accordance with the applicable procedures.
The difficulty arises when one or more heirs object.
But even then, the process does not immediately become a court battle.
What If One of the Heirs Refuses to Sell?
If an heir refuses to consent — or fails to respond after proper notification — the Dubai Land Department will attempt to reach an amicable settlement among the heirs where possible.
That stage matters.
A family dispute over inherited property is often capable of being resolved through agreement on matters such as price, timing, purchase of one heir’s share by another, or the method of sale.
Where an agreement is reached, it can be documented and the sale process can continue.
Where agreement remains impossible, however, the Dubai Land Department may issue an official document confirming that an amicable settlement could not be reached.
That document can become the gateway to the next legal stage.
When Does the Probate Court Become Involved?
Following the establishment of the Dubai Probate Court in 2023, disputes concerning the sale of inherited residential property under this legal framework fall within the jurisdiction of the Probate Court.
If an heir continues to refuse the proposed sale after the settlement process before the Dubai Land Department, the applicant heir may rely on the official document confirming the failure of settlement and bring the matter before the Probate Court.
The Probate Court replaced the previous special tribunal that had handled these disputes.
This is an important procedural detail because going to the wrong authority — or trying to bypass the required preliminary steps — can create unnecessary delay.
Can the Court Order the Property to Be Sold?
Yes, in appropriate circumstances.
The Probate Court may order the residential property to be sold by auction where the property cannot practically be divided between the heirs, or where dividing it would cause harm or result in a significant reduction in its value.
That does not mean that every disagreement automatically ends in auction.
The Court must consider the particular circumstances of the case.
It must also consider the interests of the heirs and the case study previously conducted through the Dubai Land Department.
Where the Court ultimately orders a sale, the proceeds are distributed among the heirs according to their respective ownership shares.
Does One Heir’s Refusal Mean the Property Can Never Be Sold?
No.
This is probably the most important point for an heir who feels stuck.
One heir cannot necessarily prevent the matter from moving forward simply by saying “no”.
But equally, another heir cannot assume that requesting a sale means the property will immediately be sold against everyone else’s wishes.
There is a process.
That process is designed to explore settlement first, examine the interests of the heirs and, where necessary, allow the Court to determine whether a sale should take place.
What If the Property Is the Home of One of the Heirs?
This can be a particularly sensitive issue.
For some families, the inherited property is not simply an investment.
It may be the home of an elderly parent, a minor heir or another family member who has nowhere else to live.
The legal framework specifically requires consideration of whether a sale may cause harm to certain heirs and whether appropriate alternative housing solutions are available in relevant circumstances.
That is why these disputes cannot always be approached simply as property transactions.
There may be a legal ownership issue, but there is often a family reality behind it.
Both matter.
Before Starting the Process, Look at the Whole Picture
An inherited property dispute may appear straightforward:
one person wants to sell and another does not.
In practice, the important questions may be much more detailed.
What type of property is involved?
How is ownership registered?
Are there mortgages or other third-party rights?
Who currently occupies the property?
Would the sale affect a vulnerable heir?
Has a proper valuation been obtained?
Could one heir buy out the others?
Can the property physically be divided?
Has the correct settlement process already been attempted?
The answer to those questions can completely change the legal route.
You Are Not Necessarily Stuck — But the Route Matters
Being unable to agree with the other heirs does not necessarily mean that nothing can be done.
Dubai law provides mechanisms for inherited residential property disputes to move from an attempt at settlement to judicial determination where necessary.
But forcing a sale is not a shortcut.
It is a structured legal process.
At My Family Lawyer, we look at inherited property disputes not only as property matters, but also as family disputes involving ownership, practical circumstances and competing interests.
We help clients understand where they stand, identify the steps that should come first and focus on the details that may affect whether a sale, settlement or another solution is realistically available.
Because when several people inherit the same property, the real problem is often not ownership itself.
It is finding a workable way out of shared ownership.
