Property in the United Arab Emirates: 'How to pass on property title after wife's death'
Published Date: 27th Aug, 2024
Property in the United Arab Emirates: 'How to pass on property title after wife's death'
Question: An individual and his spouse each held 50% of the real estate in Dubai jointly.
Sadly, the wife passed away not too long ago, and to put up the property, the husband wishes to issue a fresh title deed and transfer her part to his name. Each has a registered will in Dubai.
How does one go about doing that? Does the process take place in Dubai Courts or Dubai Land Department?
Answer: The first thing to think about in this situation is whether or not the parties involved are Muslims. If that's the case, other family members—if any—will be implicated since Sharia law will be in effect.
The process is simpler if both spouses are not Muslims and have their wills recorded in Dubai.
Even in cases where a will is present, the court will evaluate and execute the will before allocating assets. This procedure is known as probate.
Probate is substantially quicker and should be finished in a few days if the will has been filed at the DIFC.
Q: I have a lease that ends on September 24, 2024. Along with the increase indicated through the RERA rent index, I am inclined to renew.
However, the landlord refused to extend the lease by my 90-day notice and would not agree.
I told the landlord that I had to give notice in accordance with the DLD/Rera, but he replied that his email constituted notice and that I had to leave by the end of the lease.
Please let me know what should be my next step.
The landlord is not right. For a landlord to legally notify a tenant that they want to take vacant possession of their home, there are specific procedures that must be followed.
First of all, since it is your freedom to renew if you so choose, the landlord can't just determine that you have no right to. He can only evict you for the four grounds listed below, though, if that is his desire.
1. If they decide to sell
2. If they want to move in or if their first-degree relatives want to. The landlord bears the responsibility of demonstrating that they do not possess an appropriate replacement property that may be put to better use. Additionally, the landlord cannot re-let the asset for 2 years if you are evicted for this reason.
3. To carry out significant renovations that would keep a renter from occupying the space while the work is getting done.
4. Due to the impending destruction
For the aforementioned two causes, the landlord must additionally provide documentation of the appropriate authorities' approval for the work to be done.
For the reasons listed above, not by email, WhatsApp, verbal agreement, etc., but only via a public notary or registered mail, is the landlord's only means of notifying the tenant that they are being evicted.
Furthermore, the notification must be given for a minimum of 12 months.
Please file a complaint at the property dispute center if your landlord disagrees with any of this. The are great chances that the judge there will advise your owner of the law and your obligations as a renter.
Date: 27th Aug, 2024
