أسئلة قانونية إماراتية عامةDecree No. (31) of 2023

Article (1) 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. ©2023 The Supreme Legislation Committee in the Emirate of Dubai 1Every 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.

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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 Page 2 of 5 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. Non-Consent to the Sale of Residential Real Property

Article (4) hereof.

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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 Page 3 of 5 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. Appeals against Decisions of the DLD

Article (6) 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 (9) 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

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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 Page 4 of 5 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. Repeals