Selling inherited property involving minors in Dubai presents unique challenges and legal procedures that must be followed strictly to protect the interests of the minor heirs.
This article provides an overview of the legal framework, the necessary steps for selling inherited property, and the role of legal guardians in managing minors’ inheritance.
We will also explore our law firm’s specialized services in handling such cases in 2025.
Contact our expert lawyers in the UAE. Click the WhatsApp icon below.
Table of Contents
Laws on Selling Inherited Property Involving Minors in Dubai
Selling inherited property that involves minor heirs in Dubai requires navigating through specific legal frameworks, which vary for Muslim and non-Muslim families.
Below is a breakdown of the process based on religious affiliation and the role of guardians.
Legal Framework for Muslim Heirs
For Muslim families, inheritance follows the rules of Sharia, which are codified in the Federal Decree-Law No. 41 of 2024.
Under Sharia law, minors are entitled to inherit property, but they cannot directly manage or dispose of it.
A legal guardian or trustee must oversee their inheritance until they reach adulthood (the legal age is 21 years).
The process starts by obtaining an inheritance certificate from the Dubai Probate Court to list all heirs and their respective shares.
Minors cannot act as legal heirs without a guardian, and thus, a guardian must be appointed by the court to manage the minor’s share.
The court ensures that any decision involving the sale of the minor’s share, such as transferring ownership, is made with the minor’s best interest in mind.
Legal Framework for Non-Muslim Heirs
Non-Muslim families in Dubai can choose to follow their home country’s laws or opt for the UAE’s civil inheritance laws as outlined in Federal Decree-Law No. 41 of 2022.
Under this law, inheritance is distributed equally among children, regardless of gender, and allows more flexibility for bequeathing property through a will.
Non-Muslim families who have registered their wills through the DIFC Courts Wills Service have the advantage of testamentary freedom.
This enables them to specify guardianship and asset distribution according to their wishes. In such cases, a court-approved guardian must still manage the minor heir’s property until the child reaches the age of 21.
If no will exists, inheritance is governed by the civil law, and a guardian must be appointed to represent the minor’s interests.
Guardianship of Minor Heirs’ Assets
In both Muslim and non-Muslim cases, the law mandates the appointment of a guardian to manage the minor’s inheritance.
Under the UAE Personal Status Law (2024), the guardian may be the surviving parent or another close relative appointed by the court.
If no suitable family member is available, the Endowments & Minors’ Trust Foundation may assume guardianship to protect the minor’s interests.
Guardians are responsible for preserving and managing the minor’s inheritance, and any decision to sell or transfer real estate must be approved by the court.
Article 137 of the Personal Status Law requires that the guardian obtain court permission before selling any immovable property belonging to the minor.
The sale must be justified as being in the minor’s best interest.
The Sale Process: Step-by-Step
Selling inherited property involving minors in Dubai can be a complex task, especially when it involves minor heirs.
This section outlines the necessary steps to navigate the legal requirements effectively and protect all parties’ interests.
Estate Registration and Inheritance Order
The family must first open an inheritance case with the Dubai Probate Court to obtain an inheritance certificate that lists the heirs and their shares.
Guardianship Appointment
A legal guardian for minor heirs must be appointed, either by the surviving parent or the court. The guardian must then submit an inventory of the minor’s assets to the court.
Court Permission to Sell
The guardian must petition the court to approve the sale of the inherited property.
This request must demonstrate that the sale is necessary or beneficial for the minor’s welfare, such as converting the property into funds for education or future investments.
Evaluation and Consent
The court, along with the Dubai Land Department (DLD), evaluates the sale request.
The sale must not harm the minor, and all heirs must consent to the sale. Disputes among heirs may be escalated to the Heirs’ Tribunal under Decree No. 23 of 2020.
Execution of Sale
If the court approves the sale, the DLD controls the distribution of proceeds. For minors, the funds are held in trust until the child reaches the legal age of 21.
Learn about Dubai Real Estate Sale Contract and read about Property Title Transfer in Dubai.
Find out how to Prove Property Ownership in Dubai.
Legal Services for Dubai Property transactions involving minor heirs
Our lawyers in Dubai specialize in providing legal services related to selling inherited property involving minors in Dubai.
We offer comprehensive assistance with the following:
Estate Settlement and Inheritance Certification
We help clients navigate the estate settlement process, starting from the issuance of inheritance certificates to ensuring that all heirs, including minors, are recognized legally.
We ensure that the distribution of shares complies with either Sharia law or civil law, depending on the family’s religious affiliation.
Guardianship and Legal Representation for Minor Heirs
Our Real Estate Lawyer in Dubai assists in appointing a suitable guardian for minor heirs.
We guide clients through the legal requirements for guardianship, including obtaining court decrees and ensuring that the minor’s best interests are always protected.
Court Applications for Property Sale
We provide expert advice and representation in obtaining court approval for the sale of inherited property.
Our team ensures that the sale is in the minor’s best interest and complies with all legal and procedural requirements.
Dispute Resolution Among Heirs
In cases of disagreement among heirs, we offer mediation and represent clients in the Heirs’ Tribunal.
Our firm works to resolve disputes amicably or through court proceedings, ensuring the welfare of minor heirs is safeguarded.
Trust and Fund Management for Minor Heirs
Our firm ensures that proceeds from the sale of inherited property are managed in a transparent and lawful manner.
We assist in placing funds in trust for minor heirs and ensure that the funds are used only for the minor’s benefit.
FAQs about Property Sale for Minor Heirs in Dubai
Selling inherited property in Dubai that involves minors requires careful attention to legal procedures to protect the interests of the minor heirs.
Whether following Sharia law or civil law, the process demands proper guardianship, court approval, and adherence to local regulations.
Our law firm specializes in guiding families through these intricate processes, ensuring that the rights and welfare of minor heirs are upheld at every stage.
Contact our firm for professional legal assistance with selling inherited property involving minors in Dubai.
Contact our advocates in the UAE for professional help. Click the WhatsApp icon below.
UAE Advocator Editorial is a team of qualified legal graduates specializing in UAE law and regulations. They provide expert, clear, and up-to-date legal analysis, insights, and commentary tailored for legal professionals, businesses, and individuals navigating the UAE’s complex legal landscape. As a trusted source for accurate and reliable information, UAE Advocator helps readers stay informed on the UAE’s latest legal developments, legislation, and court rulings.