Inherited Property & Heirs: How to Register Ejari for Inherited Property

Specific legal documents proving who has the authority to sign the lease are required when registering an Ejari contract after the landlord has passed away. Until the Dubai Courts issue a Succession Certificate (Heirship Certificate) specifying the lawful heirs, a deceased person’s assets, including real estate, are normally frozen in Dubai. To process Ejari for inherited property, tenants or the new owners must present this court order, or an updated Title Deed reflecting the names of the heirs, along with a Power of Attorney (POA) appointing one representative to sign on behalf of all beneficiaries.

Tenants may find it difficult to deal with the loss of their landlord, and bereaved families may find it difficult to manage an estate. All of a sudden, a straightforward lease renewal turns into a convoluted legal maze with blocked systems and court filings. Understanding the proper Ejari procedure for inherited property is essential if you find yourself in this circumstance to maintain the validity of the tenancy and the connection of utilities. This tutorial explains how to unfreeze a rental file, the necessary paperwork, and the probate requirements.

The Legal Standoff: When the Landlord Passes Away

A property owner’s ability to enter into contracts is instantly terminated upon their death. This implies that any tenancy agreement executed after the death date with the deceased’s previous signature or identification is null and void.

Why the System Freezes

The Dubai Land Department (DLD) links property records to the owner’s Emirates ID. When the government registers a death, the DLD system may flag the Title Deed to prevent unauthorized transfers or fraud.

• The Impact: If a tenant tries to renew their Ejari for inherited property using the old documents, the system will likely reject the application with a “Landlord Blocked” or “Update Owner Data” error.
• The Solution: The heirs must initiate landlord succession procedures at the Dubai Courts to officially transfer the authority over the property.

The team at Ejari advises tenants to maintain open communication with the family during this time, as delays in the court process can inevitably delay the Ejari registration.

Can an Heir Sign the Tenancy Contract?

A common question is whether the eldest son or spouse can simply sign the renewal. The answer is generally no, not without proof.

Until the estate is settled, no single heir owns the property; they all own shares of it. Therefore, one heir cannot sign an Ejari for an inherited property contract unless:

1. They have a Power of Attorney (POA): All other heirs must sign a POA authorizing one person to manage the property.
2. They are the Executor: Appointed by the court to manage the estate.

A signature from “only one heir” is deemed illegal in the absence of certain documents, and the application will be denied by the Ejari support legal team at the registration centers.

Required Documents for Ejari for Inherited Property

To unlock the file and register the contract, the documentation must be watertight. The standard passport and Title Deed are not enough.

The “Succession” Checklist

• Succession Certificate: Issued by Dubai Courts, listing all legal heirs.
• Death Certificate: Attested and translated (if the death occurred abroad).
• Updated Title Deed: Ideally, the heirs should update the Title Deed at the DLD to show their names before leasing.
• Power of Attorney: If there are multiple heirs (e.g., a wife and three children), they usually appoint one representative to sign the Ejari for the inherited property agreement.
• Tenant Documents: Standard Emirates ID and Passport.

If approved by the DLD legal department, the heirship certificate issued by the Dubai courts may occasionally be recognized as temporary proof of ownership in cases where the heirs have not yet amended the Title Deed.

Dealing with Frozen Title Deeds

If the heirs are slow to act, the Title Deed remains in the deceased’s name, which causes a “Frozen” status in the RERA system.

How to Unfreeze for Rental

1. Visit the DLD: The heirs (or their lawyer) must submit the heirship certificate and Dubai papers to the Land Department.
2. Pay Transfer Fees: There is a fee (usually 0.125% of the property value) to transfer the deed from the deceased to the heirs.
3. Issue New Deed: A new Title Deed is issued listing all heirs (e.g., “Heir 1, Heir 2, etc.”).

The Ejari for inherited property can be registered routinely under the new names as soon as the new deed is effective. The renter may have to submit an “Offer and Deposit” motion at the Rental Dispute Center to pay rent directly to the court if the heirs are contesting the inheritance and won’t amend the deed.

Probate Tenancy: Navigating Disputes

Probate tenancy refers to the rental period while the property is going through the inheritance (probate) process. This is the most dangerous time for a tenant.

• Eviction Fears: Heirs often want to sell the property to liquidate cash. However, they must still respect the existing lease terms.
• Rent Payment: Who do you write the cheque to? Never write a cheque to a deceased person. It will bounce.
• The Safe Route: Write the cheque to “The Heirs of [Deceased Name]” or to the appointed manager who holds the POA.

Before giving out the rent checks in a probate tenancy, always request a copy of the POA. The Ejari team can assist in determining whether the POA permits the holder to just administer the property or to collect money.

The Role of Professional Support

Cases involving inheritance are complex legally. A typical typing facility might not be able to validate a complicated POA involving kids or understand a court order. At this point, expert Ejari assistance with legal advice becomes crucial.

Why You Need Expert Help

• Minors: If one of the heirs is under 21, the court acts as their guardian. Registering Ejari for inherited property with a minor beneficiary requires specific approval from the Awqaf and Minors Affairs Foundation.
• Foreign Wills: If the landlord was a non-resident, the will might need to be probated in their home country and then re-attested in Dubai, a process that takes months.

Navigating these hurdles often requires more than just data entry; it requires a team that understands the intersection of Sharia law (for inheritance) and RERA law (for tenancy).

Managing Landlord Succession Smoothly

Smooth landlord succession is the key to avoiding utility disconnection. If the DEWA account was in the deceased landlord’s name, DEWA might cut service upon notification of death.

• Transfer to Tenant: Ensure the DEWA is registered in the tenant’s name immediately.
• Update Systems: The heirs must update their contact details in the RERA system so that renewal notices (90-day notices) are sent to the right people

Conclusion

Death is an unfortunate reality, but it shouldn’t result in a tenant losing their home. Registering Ejari for inherited property is a procedure designed to protect all parties—ensuring the rent goes to the rightful heirs and the tenant retains their legal occupancy rights.

You may handle this delicate transition with respect and in accordance with the law if you obtain the appropriate court paperwork and make sure the Title Deed is updated.

Is your contract being blocked by inheritance issues? Contact the team at Ejari to handle complex probate registrations and secure your tenancy rights today.

FAQs

Can I pay rent to one of the heirs directly? 

Only if that heir holds a valid Power of Attorney from all other heirs. Otherwise, the cheque should be made out to the estate or deposited at the Rental Dispute Center.

What is a “Succession Certificate”? 

It is a legal document issued by the courts listing the rightful heirs and their share of the estate. It is mandatory to register Ejari for inherited property.

Can the heirs evict me immediately to sell the house? 

No. They inherit the tenancy contract along with the property. They must wait for the lease to expire and provide the standard 12-month eviction notice if they intend to sell.

How long does it take to unfreeze the Title Deed? 

Once the heirship certificate in Dubai is issued, the DLD can update the Title Deed within 1-3 working days, allowing the Ejari to be registered immediately after.