Q: Ref : buying a house in Dubai and making a nominee form India ( non UAE resident ) .. possible ? And if yes how ?
X a UAE resident and expat: buys house in Dubai . Wants to make Y as nominee . Y is not a UAE resident but Indian citizen . What’s the procedure please and how Y can secure the property if C is no more . How does the process of house owner change of ownership in case of death works ?
A:
Transferring ownership of a property in Dubai to a nominee who is a non-UAE resident, like in your scenario, is possible through legal processes. Here's a general overview:
Nominee Agreement: X, as the UAE resident and property owner, can enter into a nominee agreement with Y, the Indian citizen. This agreement should clearly outline Y's role as the nominee and the rights and responsibilities associated with it.
Legal Advice: It's advisable to seek legal advice in Dubai to draft a nominee agreement that complies with local laws and regulations. Legal experts can ensure the agreement is legally binding and protects the interests of both parties.
Registration: The nominee agreement may need to be registered with the relevant authorities in Dubai, such as the Dubai Land Department. This step is crucial for ensuring the legality of the arrangement.
Securing Property: If X passes away, the nominee agreement should specify how the property will be transferred to Y or handled in accordance with X's wishes. It's essential to address this scenario in the agreement to avoid potential disputes.
Wills and Inheritance Laws: Additionally, X should consider creating a will in accordance with Dubai's inheritance laws to clearly outline the distribution of assets, including the property, in the event of their passing. This can provide an extra layer of protection and ensure Y's rights as the nominee are upheld.
Legal Representation: Engaging a local attorney in Dubai with expertise in property and estate matters is highly recommended to navigate the complexities of UAE laws and regulations effectively.
Keep in mind that Dubai's real estate and legal landscape can be intricate, and it's crucial to adhere to local laws when establishing such arrangements. Consulting with legal professionals who are well-versed in Dubai's property and estate laws is the best way to proceed in this situation.
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