Dubai's glittering skyline and bustling real estate market have made it a magnet for property investors worldwide. Whether you're Buying or Selling property in this exciting emirate and Minors are involved, there are some important things to know. In this article, we'll walk you through the essential information and documents you'll need, as well as the step-by-step process for a smooth property transfer.
What You Need
Before you start the property transfer process with a minor (under the age of 21 years old), make sure you have all the necessary paperwork:
- Title Deed Copy: Get a copy of the property's title deed – a key document for any real estate deal.
- Passport Copies and Emirates ID: You'll need copies of the minor's passport, visa page, and Emirates ID, as well as the legal guardian's passport, visa page, and Emirates ID.
- Legal Guardian is the father, if deceased then it is the mother (by Court letter).
- Attested Birth Certificate: Get an attested birth certificate for the minor from the Emirates Consulate & Ministry of Foreign Affairs from the country of origin. Then, have it approved by the Ministry of Foreign Affairs here in Dubai and translated into Arabic by a reputable translation office in Dubai.
- Consent for Selling: If you're selling a property with a minor involved as partial owner or 100% owner, you'll need a court letter addressed to the Land Department, confirming consent and no objection to the sale the property of the minor. You'll also need a decision regarding the minor's share of the sale.
If the Minor is the Buyer
- Document Check: Begin by checking the minor & Legal guardian’s documents at any registered Trustee's office in Dubai. If anything is missing, make sure the legal guardian provides it, following Dubai Land Department legal department requirements.
- Payment Details: After successful document verification, the Sales Progression Officer will let the Buyer “the Legal Guardian” know how the payments are broken down for the Trustee Office.
- Transfer Appointment: Once both parties are ready, the Sales Progression Officer will schedule the transfer appointment and submit all necessary documents to the Trustee's office to complete the transfer.
If the Minor is the Seller
- Document Check: Similarly, we start by verifying the minor's documents at the Trustee's
office. Ensure the legal guardian provides any missing documents, following Dubai Land
Department requirements. - Payment Details: After verifying the documents, the Sales Progression Officer will explain the payment breakdown to the buyer for the Trustee Office. Confirm the minor's share of the manager's check to be made out in the name of Dubai Courts, following the Court's Letter to the Dubai Land Department.
- Transfer Appointment: Once both parties are ready, the Sales Progression Officer will schedule the transfer appointment and submit all necessary documents to the Trustee's office to complete the transfer.
The procedures for selling a property owned either fully or partially by a minor involve a series of legal steps in Dubai. In the case of a property fully owned by a minor, the minor's legal guardian presents the Contract of Sale & Purchase to Dubai Courts, which then issues a consent letter to the Dubai Land Department, allowing the property sale on the condition that the funds are held by Dubai Courts.
The sale is completed at the Trustee Offices/Dubai Land Department with both parties (the seller's legal guardian and the buyer) present, and the buyer pays the selling price via a manager's cheque in the name of Dubai Courts. The new title deed is issued in the buyer's name on the same transfer date. After the transfer, the Court and the Minor Committee review the transaction, and if the minor doesn't require the funds immediately, they are held until the minor turns 21. However, if the minor's legal guardian can demonstrate a need for the money, the Court may consider releasing the funds.
For a property partially owned by a minor, the same legal procedures apply. The minor's legal guardian submits the Contract of Sale & Purchase to Dubai Courts, which issues a consent letter to the Dubai Land Department. The sale is completed at the Trustee Offices/Dubai Land Department with both parties present, and the selling price is paid in two cheques: one to the seller and another
to Dubai Courts, representing the minor's share. The new title deed is issued in the buyer's name on the same transfer date.
Property transfer involving minors in Dubai might seem complex, but with the right information, it can be a straightforward process. Make sure all your required documents are in order and follow the steps to enjoy the benefits of property ownership in this thriving city. Dubai's real estate market is full of opportunities, and understanding this process is the key to making the most of them for you and your family.
For further insights or to address any queries on any of our conveyancing services, you may connect with our Sales Progression Officers/Conveyancers team at 00971588229107 or +971 52 983 0430 or email at [email protected] or [email protected]. You can also explore our comprehensive services on our official Fam Conveyancing website.