Does the heir have priority in purchasing the estate?

Does the heir have priority in purchasing the estate?

Direct answer: Yes, it is possible, but the consent and agreement of all heirs is required to sell it to him at the specified price. If they disagree, he cannot independently buy it, but rather it is offered at auction and he enters to bid on it.

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

Systemically, the matter is divided into two cases based on the position of the remaining heirs:

Status of heirs’ agreement (consensual purchase before auction):

 One of the heirs has the right to express his desire to the court (or to the liquidator) to purchase the vehicle or specified movables. If all the heirs agree to sell it to him and agree on the price, the court approves this and does not put the money up for auction, as this is considered a “division of consent”. This was stipulated in Articles Eighteen and Forty-Four of the Joint Funds Division Regulations, where they decided that the department rules for selling what cannot be divided and handing each partner his share of its price: “unless the partners agree otherwise”. The liquidator also divides the money between the partners by mutual consent first before resorting to the decision of compulsory sale.

Case of heirs’ disagreement (purchase via auction): 

If some heirs refuse to sell it to the aforementioned heir, or disagree on the offered price, the court does not have the right to force the rest to sell it to him at any value to avoid harming their shares. In this case:

• The car or belongings are put up for sale at public auction.
• The heir wishing to purchase has the right to enter the auction like any other buyer and bid on it so that the auction can be awarded to him if he offers the highest price.
• The heir has no right to claim the “right of pre-emption” after selling it at auction, as Paragraph (12/50) of the Executive Regulations of the Implementation System stipulates that: “The request for pre-emption is not accepted for the assets sold at auction, and for those entitled to them to participate in the auction…”

Conclusion: The heir’s way to purchase movables is to reach an understanding with the rest of the heirs to prove this as an exit or consensual division approved by the court. If this is not possible, his only field is public auction.

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

• Article Eighteen of the Joint Funds Division Regulations
• Article Forty-Four of the Joint Funds Division Regulations
• Executive regulations of the implementation law