How to Transfer Property Ownership After Wife's Death in Dubai

 

Question:

A man and his wife jointly owned a property in Dubai, each holding a 50% share. Following the wife's recent passing, the husband wishes to transfer her share to his name and issue a new title deed to sell the property. Both had registered wills in Dubai. What is the process for doing so? Should the procedure be handled by the Dubai Land Department or Dubai Courts?

Answer:

Several factors need to be considered, starting with the religious background of the parties involved. If they are Muslim, Sharia law applies, which may involve other family members in the asset distribution.

For non-Muslims with registered wills in Dubai, the process is more straightforward. Even with a will, asset distribution requires probate, which is overseen by the court to review and execute the will. If the will is registered with the DIFC, the probate process is expedited and can be completed within a few days.

Tenancy Contract Renewal and Landlord Disputes

Question:

My tenancy contract expires on September 24, 2024. I am willing to renew it in line with the increase mentioned by the RERA rental index. However, my landlord refuses to renew the contract despite my 90-day notice. He claims his email serves as notice for me to vacate by the end of the contract. What should I do?

Answer:

The landlord is incorrect. Legally, a landlord cannot deny a tenant the right to renew the contract if the tenant wishes to do so. Eviction can only occur under four specific circumstances:

1.     The landlord wishes to sell the property.

2.     The landlord or their first-degree next of kin intends to move in, with proof required that no suitable alternative property is available. If evicted for this reason, the landlord cannot re-let the property for two years.

3.     Extensive refurbishment is planned that makes the property uninhabitable during the works.

4.     The property is set for demolition, with necessary approvals from competent authorities.

In all cases, eviction notices must be served via notary public or registered mail, not through email, WhatsApp, or oral agreements, and must provide a minimum of 12 months' notice. If the landlord does not comply, file a case at the rental dispute center, where a judge will enforce the legal obligations.