Family disputes are some of the most notorious cases in the UAE courts. This is because a lot of families are not good at finding a quick, concise way of resolving property issues. The problem lies in it being hard to reach a mutual agreement that everyone will be happy with.
Understanding property dispute laws in the UAE
You have probably heard of families that have broken apart whilst contesting a property that has been earmarked to be inherited. When the original owner of the property passes away and does not prepare a Will, the successors, in this case, family members – will all want a portion of the inheritance.
Islamic law usually states inheritance succession prioritizes by the ‘gender’ scenario. Before, men would get roughly double what the females gets in an inheritance. However, today some properties can be owned jointly such as between a husband and wife. Therefore, if the husband was to die, it is only fair the wife gets the bigger share of the property based on the law.
It is important to note that property can be a range of items and not necessarily land or a property investment. Property can include cars, assets, money, bank accounts, and other valuables entitled to the family. There are also personal items such as jewelry, clothes and other personal effects.
So if it ever gets to a point where there is conflict within the family there is always an amicable solution resulting in a ‘win-win’ for all involved. First of all, it is important to involve a property lawyer in the dispute for their invaluable knowledge and experience. The next step is getting the family to agree to sit down and settle the matter through friendly dialogue. Upon reaching an agreement, the involved members must sign a written agreement overseen by the lawyer through the court.
By solving disputes within the family in such a manner you can avoid endless and possibly costly court cases. When it comes to signing agreements, involved parties must do so voluntarily i.e. – none of the participants can be forced to put his or her signature.
If a case reaches the court, it is up to the judge to give a final ruling after hearing all the evidence from the involved parties.
What makes a property dispute viable?
To file or solve a property dispute case in the UAE, one of the important requirements is that the involved parties are related by blood. The relatives also need to have legal rights to the property in question. There also must be no kind of instructions in the form of a Will or letter that controls the property in question because the court will rule in favour of the deceased’s Will and wishes without compromise.
It is usually more beneficial to the involved parties to find an easy way to settle their dispute internally by only involving a lawyer to represent the law and oversee the proceedings. Should both parties sign after reaching an amicable agreement it may be impossible to reverse and revise. This is one of the most important reasons why it is important to have a highly trained legal professional present and observant before the signing of any property dispute agreement takes place.
Let us aide you in any property dispute you may have.
If, for any reason, you find yourself in such a dispute do not hesitate to contact expert like HHS Lawyers in Dubai for any assistance you may need. Lawyers in Dubai are specialists in the field of Real Estate and with their years of experience can make sure the dispute is treated cautiously and effectively to get the best outcome for you, the client. By going through all provided documentation expert will take you step by step through the entire process.
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