Are State Properties“ Ehkam fees refundable? A specialist answers

Public Authority for State Properties - «Lease System» contracts»

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Many applicants to the «Ehkam» platform of the State Real Estate Authority wondered about the money they paid to the platform to consider applications for ownership of real estate, which was revived before the ban order issued on 9-11-1387.In case they actually entered a date after the mentioned date, and the application was accepted and the amount was withdrawn from the person, where lawyer Dr. Khaled Zafer Al-Omari explained that many people in this type of applications are fraudulent in one way or another, and if it is actually proven that there is a technical error - which is rare - this does not mean that the person who entered a date after the specified date is no longer responsible.

He added: «Therefore, the fault lies on both parties, and the person is not entitled to claim the value of the fees, because he knew that the requested date would not be considered, but knowing this, he registered and paid.»

Dr. Al-Omari continued, "The fees in the Ehkam platform are service fees, and the person's agreement to pay is an acknowledgement of consent, and therefore he has no right to request a refund of these fees, especially since most government agencies are currently moving towards privatization, and therefore they have the right to request fees for the service."

Encroachments on land

With regard to people who owned land after 1387, whether through revival, laying of hands, or ordinary documents, including applications that were not issued before the issuance of the order, Dr. Al-Omari explained that their lands are considered as encroachment, because although Supreme Order No. 21679 was issued on

Date

9/11/1387, prohibiting the revival of dead lands, but the requests for certificates of entitlement have multiplied many times, and the majority claim that revival took place before the prohibition, although the organizational plans and aerial photographs deny its existence, so the requests for ownership that aerial photographs or organizational plans deny the existence of revival before the order prohibiting revival are considered an encroachment legally subject to removal, and therefore people have no right to claim compensation due to their violation.

Dr. Al-Omari explained that their lands are considered an infringement and are subject to removal from the legal point of view, and that the people are not entitled to compensation due to their violation.

Buying and selling

If the buyer buys a land, for example, in the form of a document and then the buyer enters it in the Ihkam platform, wishing to own an official deed, and then the buyer is surprised by the rejection of his request for lack of conformity with the conditions, in this case, lawyer Dr. Khaled Al Omari explained that the buyer has the right to return to the seller, inform him of the rejection of the documentation by the Ihkam platform, and demand the cancellation of the sale and the return of the amount, and the court will immediately rule for him by the judiciary to cancel the contract for the damage done to the buyer.

Conditions for modification requests and real estate ownership

that اﻟﻄﻠﺐ has been submitted on 5/5/1442

that ﺗﺎرﻳﺦ has been submitted on 5/5/1442

Not for the first time

The property in question must not be in locations where it is not permissible to acquire ownership in accordance with Sharia, or according to orders, decisions and instructions.

The property in question must not be in locations where it is not permissible to acquire ownership. <The property in question must not be located in a location where it is not permissible to acquire ownership by law, or by virtue of orders, decrees and instructions.