UAE Civil Transactions Law

Article 1173

Book Three: Original Real Rights (in Rem) · Section One: Right of Ownership · Chapter Three: Modes of Acquiring Ownership · Part Six: Pre-emption (Shuf‘a) · First: General Provisions

There shall be no right of pre-emption for: 1. A person in whose favour a part of a joint immovable property is endowed between the waqif and another, if the co-owner sells their share, even if the beneficiary of the endowment intends to endow the partner's share sought to take by pre-emption, unless they are entitled to the reversion of the endowed share, in which case they may take it by pre-emption as their own property. 2. A neighbor, where an adjoining immovable property is sold, even if such neighbor holds a right of usufruct over an access way within that property by lease or easement. 3. An administrator of an endowment in a joint immovable property, if the non-endowed share is sold, even if the administrator intends to endow the share sought to be taken by pre-emption, unless the waqif has conferred upon them the right to take by pre-emption for the endowment, in which case such right shall be exercisable.

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