The transfer of property in the UAE can be a complicated and confusing process if you aren’t familiar with the rules and regulations. You may have heard about HEBA with regard to UAE settlement laws and be wondering whether this is the best way to transfer your property.
Need Property Legal Advice? Click Here
Below we talk you through everything you need to know about HEBA in the UAE and how it ties into UAE settlement rules and UAE property law.
What is HEBA in the UAE?
HEBA describes the act of an immediate transfer of property which is unconditional and made without any exchanges between the giver and receiver. This can be enacted in writing or in the presence of suitable witnesses. To protect the HEBA from later being contested it is advisable to do both.
Once the property transfer has occurred, the property transaction is usually non-revocable, as long as the action was not committed under duress or through deceit on the part of the receiver.
The transfer of company can occur either immediately or at a future date relating either to the death of the giver or the birth of a recipient.
What is a HEBA for an Unborn Child?
You can arrange for a transfer of property which benefits an unborn child as long as the baby is born within six months of the property transfer pledge being enacted.
What is a HEBA after Death?
A HEBA after death becomes valid after the death of the giver. This form of HEBA must be officially accepted by the receiver and can only be revoked with their approval.
However, if it can be proven that the transfer of property was made through deceitful means such as duress or taking advantage of someone with diminished legal capacity, then the HEBA can be revoked through a court order.
Can a HEBA be contested in UAE?
HEBA can be contacted by the heirs under Sharia law in the courts. If the transfer was enacted during a period of illness or diminished mental capacity, family members may be in a position to ask the courts to revoke the legality of the agreement.
Can a Recipient Refuse a HEBA?
The recipient can refuse to accept the transfer of property if it comes with liabilities that will be detrimental to them or their circumstances. They do not need to provide a reason for the refusal.
READ ALSO: Gifting Property in Dubai
Where to Find Legal Support and Representation for HEBA in UAE?
Whether you want to make sure that you are following UAE rules and regulations for your HEBA proceedings or believe that you have grounds to contest the transfer of property of a relative – you will need to access expert and experienced legal advice.
Contact Sara Advocates and Legal Consultants today for an initial consultation, to discover how our expert property lawyers in UAE can support and represent you. Our UAE property law experts will be able to provide you will all the information you need to make sure you are legally covered in all your dealings with property in Dubai and the UAE.
