Buying and Selling Properties for Minors in Dubai : Dubai Land Department Laws
If you’re a property investor or agent in Dubai, it’s essential to know how buying and selling properties for minors works. This article breaks down these processes to make them easy to understand.
Understanding Who is a Minor in Dubai:
- In Dubai, a minor is someone who is below the age of 21.
- Moreover, a “minor” can also include someone over 21 if they cannot tell right from wrong, as decided by the court.
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Procedures for Selling a Minor’s Property:
Property Fully Owned by a Minor:
- Legal Steps: The sale of a property fully owned by a minor involves several legal procedures.
- Contract Submission: The legal guardian of the minor submits the Sale & Purchase Contract to Dubai Courts to confirm the sale.
- No Objection Certificate (NOC): Dubai Courts issue an NOC to the DLD, granting approval for the sale.
- Transaction Location: The sale transaction takes place at the Trustee Offices/DLD.
- Involvement of Parties: Both parties – the “Seller’s legal guardian” and the “Buyer” – must be present.
- Payment: The Buyer pays the selling price through a manager’s check made in the name of Dubai Courts.
- Title Deed: The Dubai Land Department issues the new title deed in the Buyer’s name on the same day.
- Review Process: The Court and the Minor Committee review the transaction after it reaches the Court’s accounts.
- Funds Handling: If the minor does not immediately need the money from the property, it remains with Dubai Courts until the minor reaches the age of 21.
- Exceptions: In cases where the minor’s legal guardian proves the funds are necessary for a new property or the minor’s education expenses, the Court may reconsider and approve the release of funds.
Property Partially Owned by a Minor:
- Similar Process: The sale of a property partially owned by a minor follows a similar process.
- Contract Submission: The Seller’s legal guardian provides the Sale & Purchase Contract to Dubai Courts.
- NOC Issuance: The Court issues an NOC to the DLD.
- Transaction Venue: The sale occurs at the Trustee Offices/DLD with both parties present.
- Payment Structure: The selling price is paid in two checks: one to the Seller and one to Dubai Courts, representing the Minor’s share.
- Title Deed: The Dubai Land Department issues the new title deed in the Buyer’s name on the same day.
Procedures for the Minor’s Purchase of Properties:
- The purchase of property for a minor involves the legal guardian signing the Sale and Purchase Contract on the minor’s behalf at the Trustee Office.
- The legal guardian must also be present during the NOC application in the Developer’s office.
- To complete the transaction, the birth certificate of the minor must be provided, attested if issued outside the UAE, and legally translated into Arabic.
The Purpose of These Laws:
- Dubai’s property transaction laws for minors are intended to protect a minor’s assets, preventing the legal guardian from using them for personal gain.
- These regulations exist to ensure that the funds are used in the best interest of the minor.
Expert Guidance:
Navigating the legal processes surrounding the purchase and sale of properties for minors in Dubai can be complex. Our expertise can guide you through the entire process, from evaluating your deal to obtaining approvals from the Dubai Land Department. We are committed to ensuring a smooth and compliant property transaction for minors in Dubai.
With this comprehensive understanding of the legal procedures and practices governing properties for minors in Dubai, you can approach these transactions with confidence and compliance.
