Syria – Action Group
A Syrian Palestinian family recently faced a legal problem related to their inheritance rights after the children inherited residential properties from their parents. However, they encountered a series of legal restrictions inherited from the former regime, which prevent Palestinians from fully owning or disposing of their inheritance.
According to the family, the heirs residing outside the country attempted to send official powers of attorney to their siblings inside Syria to complete the inheritance and property disposal procedures, but were surprised to find that they were prohibited from selling, transferring, or donating the properties under these powers. They were also informed that the continued absence of property ownership could expose it to confiscation by the state after a few years, meaning the heirs would permanently lose their rights.
These restrictions are based on Legislative Decree No. 260 of 1956, which granted Palestinians in Syria the status of “citizens” with regard to rights and duties, with the exception of the right to real estate ownership. It limited their ownership to a single residential apartment or a plot of land no larger than 200 square meters, and prohibited the inheritance or sale of these properties except under complex conditions.
Later amended laws, such as Decree 43 of 2008, further tightened restrictions by prohibiting sales, transfers, or donations based on power of attorney, and requiring complex security and administrative approvals that can take years, leaving many heirs vulnerable to losing their legal rights.
Human rights activists believe that these laws, enacted under the former regime, constitute a clear violation of the right to property and a clear contravention of the Syrian Constitution itself and international human rights conventions. They assert that they constitute a form of discrimination against Palestinian refugees in Syria and threaten their livelihood and economic stability.
In light of this situation, the Palestinian family appealed to the Ministry of Justice and legislators in the new Syrian state to urgently review these laws and expedite the repeal of laws that confiscate Palestinian property or impede their access to inheritance rights, in line with the principles of justice, fairness, and human rights.