(MENAFN- Robotics & Automation News) How to transfer property by inheritance in the UAE, Dubai
February 16, 2023 by mark allinson leave a comment
Assets that end with their owner may as well be consumed in their lifetime. Every well-meaning parent or guardian takes matters of succession seriously, especially regarding the landed property.
Even if you wish to distribute your properties across various orphanages, you must know what laws are applicable and how to transfer your property by inheritance.
Therefore, before foreigners buy properties in dubai marina, uae , or any other community, there is the general question of how do I transfer my title?
The Inheritance Law in the UAE
According to Article four (4) of the Dubai Real Property Registration Law 2006, ex-pats/Non-UAE citizens can own landed property in the UAE upon the approval of the Ruler.
Without first obtaining the approval of the Ruler, a Non-UAE resident can only own proprietary rights through a company owned by UAE nationals.
The only exception to this rule is where a person is from a member state of the Gulf Cooperation Council, that is, Bahrain, Kuwait, Oman, Qatar, and Saudi Arabia. Such persons can own properties in the UAE without a permit or any approval first obtained.
The Two Umbrella Methods for Owning Property in the UAE
You can obtain rights in a freehold property perpetually or take up a long lease renewable every 99 years. Whatever method you use, you can transfer your rights via inheritance to your Estate. Here's the general and most common method to do so.
There are three major routes through which inheritance can be transferred to your Estate upon your demise Note – Read more on the official website .
Prepare a Will
This is the safest method to have your property transferred to the persons of your choice upon demise. The Will option has less room for contention and will protect your wishes, especially where you intend to include people who are not ordinarily direct beneficiaries of your Estate.
Art 6 of the Dubai Wills Law provides for creating a Register of Wills for Non-Muslims and provides jurisdictions of the Dubai Courts. There are certain prescriptions for the validity of a Will, and procure the services of a lawyer to guide you through the writing and lodgement of your Will.
Your Property Will Devolve to your Estate according to your Native Laws
Secondly, according to Art 1 (2) of the Personal Status Law of UAE, a non-muslim may elect to have his native law apply over an inheritance.
By the literal wordings of this law, it is perceived that you ought to have made an application during your lifetime. Consult a legal practitioner on your options as a non-muslim and be on terms with your original native law and custom because that will be applied without any variations.
Your property Will Devolve into your Estate according to Islamic Law
As a Muslim, your property will pass to your inheritors in the natural course of Islamic law, and no alternative routes or variations are applicable.
Inheritance: Overt for Non-Muslim Nationals and Implied for Muslim Nationals.
Please note that non-Muslims can only exercise the option for Wills. As a Muslim, your property will be administered according to Islamic law's dictates.