Deed Of Sale Of Inherited Property Template for United Arab Emirates

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Key Requirements PROMPT example:

Deed Of Sale Of Inherited Property

"I need a Deed of Sale of Inherited Property for a residential villa in Dubai, where three siblings have inherited the property and want to sell it to a foreign buyer by March 2025; the document must include provisions for equal distribution of proceeds among the inheritors."

What is a Deed Of Sale Of Inherited Property?

The Deed of Sale of Inherited Property is a crucial legal instrument in the United Arab Emirates' property market, specifically designed for situations where property owners wish to sell real estate acquired through inheritance. This document is essential when transferring inherited property ownership in compliance with UAE federal laws, emirate-specific regulations, and where applicable, Sharia law principles. It requires careful consideration of inheritance documentation, property registration requirements, and transfer procedures. The deed must establish clear chain of inheritance, verify the seller's authority to dispose of the property, and ensure all co-inheritors' rights are protected. It's particularly important in the UAE context where property transactions involving inherited assets must navigate both civil law requirements and religious legal principles, especially for Muslim inheritors. The document includes comprehensive details about the property, inheritance verification, sale terms, and necessary approvals from relevant authorities.

What sections should be included in a Deed Of Sale Of Inherited Property?

1. Parties: Identification of the Seller(s) (as inheritors of the property) and the Buyer(s), including their full legal names, addresses, and identification numbers

2. Background: Recitals establishing the inheritance of the property, reference to death certificate, inheritance certificate, and original property ownership documents

3. Definitions: Key terms used in the deed including Property, Inheritance Certificate, Original Title Deed, Purchase Price, Completion Date

4. Inheritance Confirmation: Details of the inheritance certificate, court orders, or other legal documents confirming the sellers' right to sell the inherited property

5. Property Details: Comprehensive description of the property including location, size, boundaries, and any registered encumbrances

6. Sale Agreement: The core terms of sale including purchase price, payment terms, and completion arrangements

7. Sellers' Warranties: Warranties regarding inheritance rights, property condition, and authority to sell

8. Completion Requirements: Steps required to complete the sale, including registration requirements and documentary submissions

9. Transfer of Title: Process and obligations for transferring property title to the buyer

10. Costs and Taxes: Allocation of transfer fees, registration costs, and any applicable taxes

11. Governing Law and Jurisdiction: Confirmation of UAE law application and relevant emirate's courts' jurisdiction

What sections are optional to include in a Deed Of Sale Of Inherited Property?

1. Power of Attorney: Required if any party is acting through an attorney or representative

2. Co-inheritors' Consent: Required if there are multiple inheritors and not all are party to the sale

3. Mortgage Details: Required if the property has an existing mortgage that needs to be discharged

4. Property Management: Required if the property is part of a managed development with ongoing obligations

5. Tenant Rights: Required if the property is currently leased to tenants

6. Sharia Compliance: Required for Muslim inheritors to confirm compliance with Islamic inheritance principles

7. Foreign Ownership: Required if the buyer is a foreign national, addressing relevant ownership restrictions

What schedules should be included in a Deed Of Sale Of Inherited Property?

1. Schedule 1 - Property Description: Detailed technical description of the property including plot number, municipality references, and floor plans

2. Schedule 2 - Inheritance Documents: Copies of death certificate, inheritance certificate, and other relevant inheritance documentation

3. Schedule 3 - Title Documents: Copy of original title deed and property ownership history

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment terms and installments if applicable

5. Appendix A - Property Photographs: Recent photographs of the property and its boundaries

6. Appendix B - Required Registrations: List of all registrations and approvals required for property transfer

7. Appendix C - Outstanding Liabilities: List of any outstanding service charges, utility bills, or other liabilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Banking & Finance

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Real Estate

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Property Management

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Transaction Advisory

Islamic Banking

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Real Estate Lawyer

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Property Consultant

Islamic Law Advisor

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Inheritance Law Specialist

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