Buying an Apartment From Heirs in Egypt: Documents and Steps Before You Sign

Masari Team

Can you safely buy an apartment from heirs in Egypt? Yes, if you confirm three things before paying anything: you know every heir and their share from an official document, all heirs sign the contract in person or through a valid special power of attorney, and any minor's share is sold with court permission. This guide explains each step, but it is general information, not legal advice. Have a property lawyer review your specific case.

Why inherited property is different

When an owner dies, the apartment passes to all heirs as co-owners, each holding an undivided share of the whole unit. Your "seller" is really a group of people, and some may live abroad, be minors, or simply refuse to sell.

Step 1: The inheritance determination (e'lam wiratha)

This is a Family Court decision naming the heirs and their shares, usually issued after filing the death certificate, notifying the other heirs and hearing two witnesses. Use it to confirm the full list of heirs, each share, and whether any heir is a minor. Ask for a recent official copy and match every name to national ID cards.

Step 2: Check the deceased's own title

Heirs inherit only what the deceased actually owned. Review the original title: a registered deed, a court validity ruling, a new-city allocation contract or a developer contract, and trace the chain of ownership. Egypt's 2022 amendments to the real estate registration law (Law 5 of 2022) set out how inheritance is registered at the local registry office. Ask your lawyer whether registering the inheritance before the sale will make your own registration easier.

Step 3: Every heir must sign

Under the Civil Code, a co-owner may sell his undivided share without the others' consent, but not more than his share. In practice:

  • If only some heirs sign, you buy only their shares and become a co-owner with the rest.
  • Non-selling co-owners may have a pre-emption right (shuf'a) over a share sold to an outsider, within legal deadlines.
  • You usually cannot use or register the whole apartment in your name.

The rule: no payment before all heirs sign, personally or through a specific power of attorney. Heirs abroad can issue one at an Egyptian consulate; it then needs certification by Egypt's Foreign Ministry before use.

Step 4: Minor heirs

Law 119 of 1952 on guardianship over property requires court permission for a guardian to sell a minor's real estate. Court of Cassation rulings confirm that a sale without that permission does not bind the minor, who can challenge it on reaching adulthood. Ask for a copy of the court permission covering this unit and price.

Step 5: Debts and remaining installments

The deceased's debts are paid from the estate before distribution. Ask about any debts or liens and get proof that maintenance and utility bills are paid. If the unit was bought on installments, installments overdue at death are an estate debt, while future installments keep their schedule. Confirm with the developer or city authority how the contract moves to the heirs and then to you, and what fees apply under the rules in force at the time.

Checklist

  1. Recent official inheritance determination, matched to IDs.
  2. The deceased's title and full ownership chain.
  3. Signatures of all heirs, or valid specific powers of attorney.
  4. Court permission if any heir is a minor.
  5. A registered partition agreement if buying a divided part.
  6. Proof of no debts or liens, plus paid utility and maintenance bills.
  7. Installment status and the transfer procedure with the developer or city authority.
  8. Traceable payment (bank transfer or cheques) split as the heirs agree in writing.
  9. A lawyer's review before signing.

FAQ

Can I buy just one heir's share?

Legally yes, but you become a co-owner and may face a pre-emption claim. It rarely suits someone who wants a home.

Can the eldest heir sign for the others?

Only with a valid specific power of attorney from each of them. Family ties alone give no right to sign.

What if a minor's share was sold without court permission?

The sale of that share remains open to challenge when the minor comes of age. Do not accept that risk.

Do I really need a lawyer?

Yes. Inheritance cases vary widely, and a specialist review is the safest step.

Sources

Before contacting any seller, Masari lets you compare unit prices, floor plans and payment plans across New Damietta and nearby cities.