Dubai (WAM)
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister, may God protect him, in his capacity as Ruler of the Emirate of Dubai, issued Resolution No. (8) of 2021 regarding the formation of a special judicial committee to consider and decide on requests or allegations or Disputes that arise between the heirs due to the sale of the residential real estate after the death of their inheritor, with the aim of preserving the rights of all parties, especially the elderly, minors, unmarried women, divorced women, widows and people of determination, provided that the committee consists of a chairman and a number of members with experience and competence in the legal and financial fields And Al Aqaria, they are named by a decision of the President of the Judicial Council of the Emirate of Dubai.
According to the decision, the Special Judicial Committee undertakes several tasks, including: Considering and settling requests, allegations, or disputes that arise between heirs due to the sale of residential real estate, in accordance with the provisions of Decree No. (23) of 2020 regarding the regulation of the sale of heirs to residential real estate. In the Emirate of Dubai, and review and adjudicate the appeals submitted to the decisions issued by the Land Department or the Mohammed bin Rashid Housing Establishment or the actions taken by any of them in accordance with the provisions of the aforementioned decree, and the procedures, terms, controls and cases approved by the Special Judicial Committee in this regard, as well as the sale of The residential property by way of auction, in the event that it is not possible to divide the residential property in kind, or if the division in kind would cause damage or a significant decrease in the value of the residential property.
The committee is also responsible for depositing the amount of the sale of the residential property in the account of the Land and Property Department, which distributes it to the heirs, according to their share in the residential real estate, and looks into and settles any other rights dispute that arises between the heirs and is related to the residential real estate, and the committee decides to decide on it according to what it deems appropriate. In this regard, with the aim of ending the disputes between the heirs regarding the residential property. The decision stipulated that the committee in its judgment or decision to sell residential real estate take into account several matters, including: the rules and procedures stipulated in Federal Law No. (11) of 1992 regarding civil procedures and its regulatory regulations, and that none of the heirs are attached to any of them. Harm, especially the elderly, minors, unmarried women, divorced women, widows and people of determination, as well as the case study conducted by the Land and Property Department in coordination with the concerned government agencies in accordance with the provisions of the decree. According to the decision, the committee will adopt the organizational procedures, rules and principles to be followed by the committee when considering and deciding on cases, human rights disputes and requests within its jurisdiction in accordance with the provisions of this decision, in accordance with the provisions of the legislation in force in the Emirate of Dubai.
According to the decision, the committee may not register any lawsuit or accept any request or claim related to the sale of residential real estate in accordance with the provisions of Decree No. (23) of 2020 regarding the regulation of the sale of heirs to residential real estate in the Emirate of Dubai, unless the plaintiff or the applicant has The request or the claim The official document issued by the department containing the failure to reach an amicable settlement between the heirs to sell the residential property.
The powers of the Special Judicial Committee, as stated in the decision, include: limiting the auction in the sale of residential real estate to the heirs if they request it unanimously, and considering and settling the relevant regular and urgent requests, whether by one or more members of the committee, who will be assigned to do so by a decision of the committee chairman. And the issuance of temporary and preliminary orders and decisions, including obligating any person to do an act or abstain from work, offer reconciliation and reconciliation between the parties to the conflict, and seek the assistance of whom the committee deems appropriate with experience and competence, including the formation of subcommittees and specifying their tasks and the duration of their work, without being Any of them have a counted vote in the committee’s deliberations.
Courts commitment
The decision stipulates that all courts and judicial authorities in the emirate, including the courts of the Dubai International Financial Center and the Special Judicial Committees, are prohibited from considering any request, claim or appeal submitted to them after the implementation of this decision, which falls within the jurisdiction of the committee, and they must stop considering requests and lawsuits And the appeals that were submitted to it before the implementation of this decision and referred them to the Land and Property Department, to be in charge of submitting them to the Special Judicial Committee to issue the decisions, orders and judgments necessary for adjudication, provided that, according to this decision, the implementation of the judgments and decisions issued before the implementation of the provisions of this decision is suspended by all courts and judicial authorities. In the emirate, including the courts of the Dubai International Financial Center, or those that have been partially implemented, and related to everything that falls within the jurisdiction of the committee, and the decision obligated the enforcement departments to stop implementing those judgments and decisions, and refer them to the Land and Property Department, in order to present them to the committee to set the mechanism, procedures and terms Necessary to implement those decisions and judgments. The decisions, decisions, and orders of the committee are final and final and are not subject to appeal in any way of appeal, and they are executed through the competent execution court in the emirate, in accordance with the rules it has followed in this regard, and the committee exercises its powers in accordance with: the legislation in force in the emirate, the provisions of Islamic Sharia, and the provisions of custom. Unless it is contrary to applicable legislation, public order or morals, and the principles of natural justice, right and equity.
The head of the Judicial Council of the Emirate of Dubai issues a decision specifying the body responsible for providing administrative and technical support to the committee. Resolution No. (8) of 2021 shall be enforced from the date of its issuance, and to be published in the Official Gazette.
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