College of Law

The law on the sale and lease of state funds in force in Iraq did not address the issue of the death of the bidder, and the death case was dealt with within the provisions of Article (24) of Instructions No. 4 of 2017 Instructions to Facilitate the Implementation of the Law of Selling and Renting State Funds No. 21 of 2013 as amended

And through Article 24, in its paragraphs of the aforementioned instructions, we find that that article deals with many hypotheses, including if the buyer or the tenant dies after the bid has been awarded, and the decision breaks the decision on the amount that was awarded to him, so his hand is considered sufficient for the bidding

If the bidder dies, whether a buyer or a tenant, after the assignment has been made to him and it has acquired the final degree, without breaking a decision from another person, and the property has not been registered in the Real Estate Registration Department in the case of buying a property, or the lease contract has not been concluded between the tenant and the owner in the case of rent or delivery Money in the event of a movable sale, the owner must notify the heirs or their representative whether or not to accept the purchase or lease

The transaction procedures with the heirs shall be completed in accordance with the provisions of the instructions upon their acceptance of purchase or lease in accordance with the law

In the event that the heirs do not accept the purchase or the lease, the application of the provisions of the violation of their right, as they have reneged on the acceptance of the purchase or the lease, and the estate of the deceased bidder shall be responsible for ensuring the deficiency that occurs in the new assignment allowance in relation to the old assignment allowance

Upon the death of the bidder, the concerned department shall warn the adult heirs if they wish to buy or rent and ask them to submit, within thirty days from the date of death, a legal oath to the heirs of the deceased bidder

If the heirs did not refer to the concerned department during the period concerned in the warning, or if it became clear from the legal division between the heirs that the heirs are young, confined or absent, the concerned department must request the competent court to release the deceased’s estate and not to divide it among the heirs until the entire sale or rent allowance is collected from the estate

If the concerned department becomes aware of the presence of minors among the heirs, it must request the competent court to release the estate to the deceased and appoint a guardian for them to undertake the transactions resulting from the heirs