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Find out moreThe regional real estate, construction and hospitality sectors have been turned upside down over the last two years, with Covid-19 bringing these sectors to a halt. The impact of the pandemic remains, however, the resurrection of these vital sectors across the region is a welcome relief because they support the development of modern cities, which in turn have attracted commerce and tourism to the Middle East and North Africa.
This latest edition of Law Update, provides vital insights, updates and commentary on the latest trends taking shape across the real estate, construction, hotels and leisure sectors. The articles within this edition cover a broad range of topics, from what’s next for real estate in Dubai, to commentary on Saudi real estate, a market that is set to become the main bedrock of the region for years ahead. You will find articles on reforming real estate laws in Qatar, foreign investment and ownership in Oman, and mitigating risks on hotel construction projects and the lessons learnt from Covid.
Read the full reportOn 13 August 2020, Sheikh Mohammed Bin Rashid issued Decree 23 of 2020 Regulating the Sale of Inherited Residential Properties by Heirs in Dubai (“Decree 23”).
Decree 23 is applicable to all residential properties located in Dubai (except for residential properties granted under the Mohammed bin Rashid Housing Establishment). It does not make a distinction between properties that are located in designated and non-designated areas for foreign ownership, and is therefore applicable to all nationalities.
Decree 23 aims to protect family members in the event of sale of residential properties that are subject to inheritance orders (specifically senior citizens, minors, bachelorettes, divorcees, widows and individuals with special needs), to ensure that the sale of the property is not detrimental to their rights and interest.
The Dubai Land Department (DLD) is authorised to approve an application of sale submitted by any of the heirs, and transfer title to a purchaser. DLD may also authorise sale of a property by auction (if appropriate). Following a sale, the DLD will distribute sale proceeds to the heirs, in accordance with their individual entitlement pursuant to the inheritance order. In the event of a dispute between the heirs, they may file a claim before the Special Judicial Committee which has exclusive jurisdiction to review and decide on such disputes.
Decree 23 is effective from the date of its publication, and repeals all provisions in any other laws in force that are contradictory to the provisions of Decree 23.
Finally, any dispositions or actions that contradict with the provisions of Decree 23 will be void, shall not be registered in any official record, and shall not create any rights or obligations.
Mohammed Kawsmi
Partner, Real Estate
m.kawasmi@tamimi.com
Aruna Mukherji
Associate,Real Estate
a.mukherji@tamimi.com
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