The Survivorship Deed is a crucial legal instrument in the United Arab Emirates' property ownership landscape, designed to facilitate smooth transition of property ownership in joint holding arrangements. This document becomes essential when two or more parties wish to ensure that their share of jointly owned property automatically transfers to the surviving owner(s) upon death, rather than following standard inheritance procedures. The deed must be carefully drafted to comply with UAE Federal Law No. 5 of 1985 (Civil Code) and UAE Federal Law No. 28 of 2005 (Personal Status Law), while also considering local emirate-specific property laws. A properly executed Survivorship Deed provides clarity on ownership rights, simplifies property transfer procedures, and can help avoid potential disputes among heirs or beneficiaries.
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1. Parties: Identification of all joint owners/parties to the deed, including full legal names, Emirates ID numbers, and addresses
2. Background: Context of the joint ownership, including details of property acquisition and existing ownership structure
3. Definitions: Key terms used in the deed, including 'Property', 'Survivorship', 'Joint Owners', and other relevant technical terms
4. Property Details: Comprehensive description of the property including title details, registration information, and location
5. Declaration of Joint Ownership: Clear statement of joint ownership structure and confirmation of equal or specified shares
6. Survivorship Provisions: Detailed provisions regarding the automatic transfer of ownership upon death of a joint owner
7. Rights and Obligations: Outline of the rights and obligations of joint owners during their lifetime
8. Registration and Implementation: Procedures for registering the deed and implementing the survivorship provisions
9. Governing Law and Jurisdiction: Specification of UAE law application and relevant emirate's courts' jurisdiction
10. Execution: Signature blocks and attestation requirements
1. Islamic Law Declaration: Optional section for Muslim parties declaring their intention regarding compliance with Islamic inheritance principles
2. Power of Attorney: Optional provision granting power to execute necessary documents in case of death
3. Severability: Optional clause addressing the survival of remaining provisions if any provision is found invalid
4. Language: Optional clause specifying the prevailing language if the deed is bilingual
5. Notices: Optional section detailing how formal notices between parties should be given and received
6. Variation: Optional provision regarding the process for modifying the deed
1. Property Title Deed: Copy of the original property title deed and registration details
2. Property Plans: Official plans or drawings of the property if applicable
3. Identification Documents: Copies of parties' Emirates ID cards and passports
4. Previous Ownership Documents: Relevant historical ownership documents if applicable
5. Property Valuation: Current market valuation of the property if required
6. Registration Requirements: Checklist of documents required for registration with relevant authorities
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