Have you inherited a property and wish to sell it? Are you wondering about the legal procedures involved? Heirs must follow a specific legal process designed to protect the interests of all parties involved.
In this article, we will explore Selling Inherited Property in Bahrain, including the applicable conditions and the procedures to follow when minor heirs are involved. Read on to learn more.
Has the sale of an inherited property been delayed due to disagreements among the heirs or complications with property registration? Do not let disputes tie up your assets.
Contact an Estate Lawyer to Complete the Sale Without DelayAlternatively, continue reading this article to gain the legal knowledge you need.
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Selling Inherited Property in Bahrain: Procedures
Before discussing the subject of this article, it is important to understand what is meant by inherited property.
Inherited Property: Property that was owned by a deceased person and whose ownership has passed to their lawful heirs under the rules of inheritance. Such property is often jointly owned by several people. To sell it, a number of procedures must be completed, as outlined below.
1. Obtaining a Sharia Inheritance Certificate
This document establishes the deceased’s heirs and determines each heir’s share of the estate. It can be requested electronically through the Sharia Inheritance Certificate Request service provided by the Ministry of Justice, Islamic Affairs and Waqf, through the Courts Directorate’s Sharia Research Section, provided that the applicant is an heir or an officially authorized representative.
2. Identifying the Deceased’s Estate
After obtaining the Sharia Inheritance Certificate, a petition must be filed with the High Civil Court to open the estate proceedings. The purpose is to identify all the deceased’s assets, as well as any outstanding debts and obligations.
3. Reaching an Amicable Agreement Among the Heirs
After identifying the estate and settling the deceased’s debts, if any, the heirs may agree amicably to sell the property. This can be done either by having all the heirs sign the sale agreement or by authorizing one of them to complete the sale on their behalf. If they cannot reach an agreement, further legal procedures must be followed, as explained in the final section of this article.
Conditions for Selling an Inherited House
Several essential conditions must be met to complete the procedures for Selling Inherited Property in Bahrain. These conditions are as follows:
- A Sharia Inheritance Certificate must be issued to identify the deceased’s lawful heirs and determine their respective inheritance shares.
- A petition to open the estate proceedings must be filed with the High Civil Court to identify the deceased’s assets, debts and obligations.
- All of the deceased’s debts must be settled before the property is sold.
- All heirs must be notified of the proposed sale of the house. If they agree, the sale may proceed with all heirs signing the sale agreement or by authorizing one of them to complete the transaction.
- If any of the heirs are minors, permission must be obtained from the relevant council.
- All required documents and supporting papers must be provided.
- If one of the heirs refuses to agree to the sale of the house, a claim for partition of jointly owned property must be filed before the Lower Civil Court.
Obtain an initial consultation from a real estate lawyer at our law firm, Abdulrahman Khalifa Law Firm, to learn all the details you need to know.
Selling Inherited Property When Minor Heirs Are Involved
When any of the heirs are minors, the procedures for selling inherited property become more extensive and complex.
The minor’s legal guardian must obtain permission from the Guardianship Council for the Funds of Minors and Those Deemed Equivalent Before proceeding with the sale. The Council will review the application and examine the property intended for sale.
Under Article 18 of the Law on Guardianship over Property, a guardian may not dispose of a minor’s real estate, commercial establishment or securities without the Council’s permission.
The law also provides that the Council may refuse permission only if the proposed transaction would put the minor’s assets at risk or involve a loss exceeding one-fifth of the property’s value.
These safeguards reflect the intention of Bahraini law to ensure that any sale is carried out in the best interests of the minor heirs.
Selling an Inherited House When One Heir Refuses
When one heir refuses to sell an inherited house in Bahrain, the other heirs face a legal challenge, particularly when they are unable to reach an agreement.
The property cannot be sold while that refusal remains in place, even if only one heir objects. In such cases, the matter must be referred to the courts by filing a claim for partition of jointly owned property, since all the heirs are considered co-owners of the property. The following steps must be taken:
- A claim for partition of jointly owned property must be filed before the Lower Civil Court, in accordance with Article 793 of the Civil Code.
- The court will then appoint one or more experts to divide the ownership shares, provided that the house can be physically divided without reducing its value.
- If no objections are raised, the Lower Civil Court will issue a judgment granting each heir the share allocated to them.
- If the house cannot be divided without a substantial reduction in its value, the court will order its sale by public auction in accordance with the procedures set out in the Civil and Commercial Procedures Law, pursuant to Article 797. The court may also order that participation in the auction be restricted to the heirs if they unanimously request this.
Frequently Asked Questions
Is It Permissible to Sell an Inherited Property?
Yes. An inherited property can be sold either by mutual agreement among the heirs or through legal proceedings by filing a claim for the partition of jointly owned property.
Can a Guardian Sell a Minor’s Property?
A guardian may not sell a minor’s property without first obtaining authorization from the Guardianship Council for the Funds of Minors and Similar Persons before proceeding with any transaction involving the minor’s property.
What Are the Requirements for Selling Inherited Property?
The requirements for selling inherited property are as follows:
1. Obtain a Sharia inheritance certificate and file an application to open the estate proceedings.
2. Notify all heirs of the proposed sale.
3. Settle the deceased’s outstanding debts.
4. Obtain authorization from the relevant council if any of the heirs are minors.
5. File a claim for the partition of jointly owned property if the heirs cannot reach an agreement.
How Can an Inherited House Be Sold?
An inherited house can be sold in one of two ways.
If all heirs agree, the property can be sold by mutual consent, with all heirs signing the sale agreement or authorizing one of them to act on their behalf.
In conclusion, this article has explained the procedures for Selling Inherited Property in Bahrain, the applicable conditions and other relevant information. We hope you have found all the information you were looking for. If you have any questions or require further clarification, please do not hesitate to contact a lawyer in Bahrain.
You may also be interested in: Maternal Half-Sister Inheritance Under Bahraini Law.
A Bahraini lawyer and the founder of a legal consultancy firm established in February 2019. He holds a Higher Degree in Sharia and Law from Al-Azhar University. He has extensive experience in court representation and providing legal advice in criminal, personal status, civil, and commercial matters. He is known for delivering clear, practical, and effective legal advice aimed at protecting his clients’ rights and interests, and has achieved tangible results in notable cases, including commercial litigation and inheritance matters
