أسئلة وأجوبة
How do we handle an inherited land sale when one sibling refuses?
Hi,
I would like to ask about the division of land. We are 8 siblings, and 7 of us agreed to sell the property, but our oldest brother disagrees.
Could you help me settle this and explain the right way or law?
Dear Questioner,
To resolve disagreements among siblings regarding inherited land:
1. Consider mediation for an amicable resolution.
2. Seek personal legal advice on property rights and procedures.
3. File a partition lawsuit if needed.
4. Document agreements to prevent future disputes.
5. Respect the concerns of all siblings, including the oldest brother, to reach a fair resolution.
Greetings,
The land plot can be divided even if one of the parties does not agree, in accordance with the wishes of the remaining partners.
For further inquiries about your topic, you can visit our office or contact us via WhatsApp or email.
Dear Questioner,
In case of a dispute among heirs regarding the sale of jointly owned property, certain legal steps can be taken to resolve the issue in accordance with UAE laws. Here is what you can do:
1. Legal Steps to Resolve the Dispute:
- Amicable Negotiation: Try to talk with your eldest brother and reach a mutual agreement.
- Resorting to Court: If no amicable solution is reached, you can resort to the competent court to resolve the dispute.
2. Details of the Legal Procedure:
- Filing a Partition Lawsuit: A partition lawsuit can be filed in the court to request the division of the jointly owned property. The court will appoint an expert to evaluate the property and provide a report on how it can be divided.
- If the property is indivisible (such as an apartment or a small plot of land), the court may order the sale of the property and the distribution of the proceeds among the heirs according to their legal shares.
3. Procedures for Filing the Lawsuit:
- Submit a request for the partition of the property to the competent court, along with all necessary documents such as the title deed, death certificates, and inheritance certificates.
- A hearing date will be set, and all heirs will be summoned to attend the sessions.
4. Property Evaluation:
- The court will appoint an expert to evaluate the property and provide a report on its value and the possibility of dividing it.
5. Court Ruling:
- Based on the expert’s report and the pleadings, the court will issue a ruling either dividing the property among the heirs or ordering its sale and distributing the proceeds.
Good luck, and if you need further assistance or clarification, do not hesitate to get in touch.
Alternatively, leave your phone number, and our law office’s specialized department will contact you.
Best Regards,
Dear Questioner,
To resolve this dispute regarding the division of land among siblings, the following legal steps can be taken:
- Attempt Mediation and Amicable Settlement:
It's always beneficial to first try resolving the issue through direct negotiations among all siblings. Engaging a neutral mediator can help reach a mutually acceptable agreement.
- Inheritance Law:
Check the local inheritance laws to understand the correct procedure for dividing the property. Typically, all heirs must consent to the sale of the property. If consensus is not achieved, legal proceedings may be necessary.
- Court Intervention:
If an amicable settlement cannot be reached, you may need to involve the court. The siblings who agree to sell can file a lawsuit to request the court to either divide or sell the property and distribute the shares.
The court will consider the case and make a decision based on the evidence presented.
- Handling Dissenting Shares:
In some situations, the court might order the sale of the dissenting sibling's share at market value or divide the property in a way that each sibling gets their individual share, if possible.
- Legal Consultation:
It’s recommended to seek advice from a lawyer who specializes in inheritance and property law. They can provide detailed guidance and ensure that all legal requirements are met according to local laws.
For further assistance and to guide you through the necessary legal procedures to resolve this issue, you can contact our law firm.
We are prepared to provide expert legal advice and take the required actions to protect the rights of all involved parties.
Best Regards,
Dear Questioner,
Thanks for your inquiry!
Regarding the above, we would like to inform you that, according to UAE law, the division of land among siblings is governed by the Personal Status Law (Federal Law No. 28 of 2005).
Under this law, if the siblings cannot agree on the division of the land, they can approach the court to settle the matter.
In your case, since 7 of the siblings have agreed to sell the property, they can file a case in court to force the oldest brother to agree to the sale.
The court will then appoint a legal representative to act on behalf of the oldest brother and make a decision on the division of the land.
Alternatively, if the siblings do not want to go to court, they can also consider mediation or arbitration to reach a settlement. This involves hiring a neutral third party to help facilitate discussions and come to an agreement.
It is important to note that in any case, the decision of the court or the outcome of mediation/arbitration must be in accordance with the Islamic law principles of fairness and equality among siblings.
This means that the division of the land should be done in a way that is fair and equal for all siblings.
In conclusion, if the siblings cannot come to an agreement on the division of the land, they can approach the court or consider mediation/arbitration to settle the matter.
It is important to seek legal advice from us as a lawyer who is familiar with UAE laws and procedures to guide you through this process.
Please do not hesitate to contact us by phone or email for further guidance.
Greetings,
Thank you for reaching out to me with your query regarding the division and sale of a property jointly owned by siblings.
In cases like these, where the majority agrees to a sale but one party does not, the resolution often depends on the specific laws and provisions of the jurisdiction in which the property is located.
As your legal advisor, I can help navigate through this situation by reviewing the property details, any existing agreements among the siblings, and the applicable laws.
We can explore options such as negotiation, mediation, or, if necessary, legal proceedings to ensure that your rights and interests, as well as those of the other siblings, are effectively represented.
To discuss this matter in more detail and to determine the best course of action according to your specific circumstances, please reach out to me directly through WhatsApp or by phone.
This will allow us to address the issue more comprehensively and move towards a resolution.
