Can an Affidavit Be Used in Property Transactions in the UAE?

 An affidavit can be used in certain property transactions in the UAE to support legal, administrative, or contractual processes. While an affidavit is generally not a substitute for mandatory property documents such as title deeds, sale agreements, or registration records, it can serve as a supporting declaration to confirm specific facts when requested by the relevant authority or parties involved in the transaction.

In real estate matters, an affidavit may be used to verify ownership details, confirm the identity of a buyer or seller, explain discrepancies in documentation, declare the loss of an original property document, confirm the source of funds, or provide statements relating to inheritance, tenancy, or power of attorney arrangements. The exact purpose of the affidavit depends on the circumstances of the transaction and the requirements of the government department, developer, bank, or other institution involved.

For an affidavit to be effective, it should clearly state the relevant facts, identify the parties involved, and include accurate information supported by appropriate documentation. Any inconsistency between the affidavit and official property records may result in additional verification requests or delays in completing the transaction.

In many cases, a property-related affidavit may need to be notarized before it is accepted. Notarization confirms the identity of the declarant and verifies that the document has been signed voluntarily. If the affidavit is drafted in a language other than Arabic, the receiving authority may also require a certified Arabic translation.

It is important to understand that an affidavit does not transfer ownership of property or replace the legal registration procedures required under UAE law. Property ownership is generally established through official registration with the competent land authority, and any transfer of ownership must comply with the applicable legal requirements. Instead, an affidavit is used to support or clarify specific aspects of the transaction.

If the property transaction involves foreign jurisdictions, the affidavit may also require attestation or legalization before it can be recognized outside the UAE. The exact procedures will depend on the destination country and the authority requesting the document.

Seeking legal assistance when preparing an affidavit for a property transaction can help ensure that the declaration is properly drafted, accurately reflects the facts, and complies with the legal requirements of the relevant authority. Legal professionals can also advise on whether additional documents are needed to support the transaction.

In summary, an affidavit can play an important supporting role in UAE property transactions by confirming facts, clarifying issues, and providing additional evidence when required. However, it should always be used alongside the official legal documents and registration procedures that govern real estate transactions in the UAE