Following the passing of a property owner in Morocco, real estate assets pass to legitimate heirs under a joint ownership status known as **Indivision (Al-Chiyaa)**. Under this regime, each heir holds an undivided fractional share determined by inheritance law.
However, liquidating or managing co-owned inherited assets frequently creates impasses when heirs disagree or reside overseas.
1. Initial Administrative Steps: The Inheritance Deed (Iriratha)
Prior to executing any property transaction, two legal steps are mandatory:
- Inheritance Deed (Iriratha): Drafted by two Adouls, this document establishes the list of heirs and specifies individual inheritance shares.
- Land Title Update: The inheritance deed must be registered at the Land Registry (ANCFCC) to record the heirs' names on the property title.
To verify that land title records are updated, review our guide on checking land titles via Mohafadati.
2. Selling Inherited Property with Full Consensus
Under standard rules, selling property held in indivision requires **100% unanimous agreement** among all co-heirs. The final deed of sale must be executed by all heirs in person or through notarized powers of attorney.
For heirs living abroad, consult our guide for remote transactions and MREs.
3. Legal Solutions for Uncooperative Co-Heirs
If one heir refuses to sell or cannot be located, Moroccan law provides specific mechanisms to resolve ownership deadlocks:
- The 75% Majority Rule: Co-heirs representing at least 3/4 (75%) of total ownership shares can petition the court to authorize a sale despite minority opposition.
- Share Buyout (Takhāruj): One heir can buy out the shares of other co-owners to consolidate full sole ownership.
- Judicial Partition & Public Auction (Licitation): Any individual heir holds the legal right to request judicial partition. If physical division is impossible, the court orders a public auction.
4. Capital Gains Tax on Inherited Property Sales
When selling an inherited home, heirs are subject to Capital Gains Tax (TPF). The baseline acquisition value used to compute taxable gains equals the value declared in the inheritance deed as of the deceased's date of death.
To calculate closing costs, refer to our notary and property tax guide for Morocco.
Browse Property Listings on Sakanly
Whether re-investing inheritance proceeds or seeking clear-title properties, explore thousands of active listings on Sakanly.
