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How to transfer the properties of expats to their heirs after death?

Hi,

My relative was an Indian national holding a residence of the UAE. He had an ADCB bank account and owned a flat and a business in Dubai.

Unfortunately, he and his wife both passed away in India due to Covid in April 2021. They are survived by two sons, one of whom is a minor, and the other is 21 years old.

The sons are in India, and cannot travel immediately to the UAE due to flight restrictions. I want guidance on the legal process and documentation needed so that the properties and bank balance can be transferred to his sons.

He did not leave behind a will and was a Muslim.

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Colin Biggers & Paisley Lawyers (Middle East)
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6 Jun 2021, 04:36

Dear questioner,

They need to get a succession certificate from the court in India to prove that they are legal heirs.

Once they receive this certificate, a few other documents need to be produced in UAE Courts along with the Certificate.

You can contact us via phone to discuss this in detail.

Regards,

6 Jun 2021, 09:00

Thanks, Sunil!

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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6 Jun 2021, 07:16

As per your query, please note that since he is an Indian national and his wife also has deceased, in this scenario, as one of the children is an adult, he can provide a POA in your name to do the necessary for the bank account and succession plan in the UAE, with the death certificates of both the parents.

However, it is better if someone gets the succession certificate from India, then you can proceed with the succession and place the application in the UAE court and appoint you as the administrator for the succession.

The POA should be done with proper attestation.

You can contact us via phone or email for further assistance.

6 Jun 2021, 08:59

Thanks, Khaled!

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