Question: A man and his wife jointly owned a property in Dubai, with 50 per cent each.
Unfortunately, the wife has recently passed away and the husband wants to transfer her share to his name and issue a new title deed in order to sell the property. Both have wills registered in Dubai.
What is the process for doing so? Is the procedure done at Dubai Land Department or Dubai Courts? MS, Dubai
Answer: There are many things to consider here, the first is, are the parties involved Muslim? If that is the case, then the Sharia law applies, which will mean that other family members (if any) will be involved.
If the husband and wife are not Muslim and have the wills registered in Dubai, then the procedure is more straightforward.
Even if there is a will present, asset distribution will be subject to probate and this process is done by the court, who will review the will and execute it.
If the will was registered at the DIFC, the probate process is much faster and should be completed within a few days.
Q: My tenancy contract expires on September 24, 2024. I am willing to renew alongside the increase mentioned by the Rera rental index.
But the landlord did not agree and is unwilling to renew the contract as per my 90-day notice.
I informed the landlord that according to the DLD/Rera, notice should be provided, but he responded by saying his email is considered a notice and that I should vacate by end of contract.
Please advise me on my next course of action. CL, Dubai
A: Your landlord is not correct. Informing a tenant that the landlord wishes to gain vacant possession of his/her property must be done in a certain way for it to be legal.
Firstly, the landlord cannot just decide that you are not allowed to renew, because it is your right to renew, should you wish to do so. If, however, he does want to evict you, he can only do so under the following four reasons.
1. If they wish to sell
2. If they or their next of kin of first degree wish to move in. The burden of proof is on the landlord to prove he/she doesn’t own a suitable alternative property that could otherwise be used. Also, if you are evicted under this reason, the landlord is not allowed to re-let the property for a period of two years
3. To undertake extensive refurbishment that would prevent a tenant from living in the premises during the works being carried out
4. For the reason of demolition
For these last two reasons, the landlord also has to show approvals for the works to be carried out from competent authorities.
For all these four reasons, the only way to inform the tenant that the landlord is evicting them is by notary public or registered mail and not through email, WhatsApp, oral agreement, etc.
Also, the notice must be for a minimum period of 12 months.
If your landlord does not agree with all of this, please proceed to file a case at the rental dispute centre where I’m sure the judge will inform your landlord of the law and their obligations to you as a tenant.
Mario Volpi is head of brokerage at Novvi Properties and has worked in the property sector for 40 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@novviproperties.com
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