Questions & Answers
Questions & Answers
6 available 6 • View allThe legal way of disputing an order from the court of appeal
2
Q: Hi Dr Amira,
I am a Hindu Indian expat living in the UAE. My husband and I have legal cases going on in India and we are living separately in the UAE.
My husband filed disobedience case against me here and I won the case in the Court of First Instance, but he filed an appeal and he won it in the Appeal Court.
The judgement says I did not provide enough evidence, while I have provided all attested court documents from India.
How can I get the court to re-look at the documents?
Until when do I have time to file the appeal?
I used legal support from a law firm but they have not helped much.
Can you let me know how I can get the court to re-look at the documents, please?

Apr 10, 2019
1017
Rejecting a divorce case for being abroad and authorising a lawyer




3
Q: I have filed a divorce case and the judge has rejected it. I am not in Dubai because my husband has cancelled my visa and I was forced to leave the UAE.
I want to appeal the court’s judgment. How can I hire a lawyer to represent me in Dubai court?
How can I do a power of attorney from abroad? What's the time limit to appeal a judgement?





Sep 17, 2020
731
Claiming temporary maintenance and execution of judgement
2
Q: Good morning Sir,
I have filed an execution for temporary maintenance, the notice sent has been returned.
Now, I skipped time to resend notice. Meanwhile, the final judgement has been ordered.
How will I get my maintenance? Do I need to take any step or just to wait if he pays or not?

Nov 3, 2018
2475
What happens if the respondent does not appear in a cassation appeal hearing?
1
Q: What will happen if a cassation appeal is not defended or the respondent does not appear for the same personally or through his lawyer?

May 26, 2022
240
Can I appeal higher than the Abu Dhabi Cassation Court?

2
Q: Dear Sir/Madam,
Can I appeal higher than the Abu Dhabi Cassation Court?
The court has ruled that I am not entitled to a custodian housing allowance because I obtained khula, but this is against the law.
Housing is a component of alimony and cannot be forfeited as it belongs to the child.
What are my options now?


Apr 11, 2023
114
How long to prepare a defense if the Court of Cassation hearing date is not announced?



1
Q: Hello,
A case has been appealed to the Court of Cassation. How many days do we have to respond to the case (prepare a defense) if the hearing date has not been announced?




Jan 15, 2025
97
Legal blog
1 available 1 • View allنظرة في قرارات الهيئة العامة لمحكمة نقض أبوظبي في الطلبين 3 و4 لسنة 2023 38
ما هو مصير الشيكات المرتجعة لغلق الحساب أو مضي مدة تقديمها؟ هل يمكنني فتح بلاغ بشأن ارتجاع الشيك في الإمارات؟ وما هو الفرق بين عقد الإيجار وعقد الاستثمار في إمارة أبوظبي؟
Nov 14, 2023
835
Laws & Regulations
1 available 1 • View allFederal Law No. (28) of 2005 On Personal Status 24
UAE Personal Status Law (also known as Personal Affairs Law) governs marriage, divorce, inheritance and other personal affairs in the United Arab Emirates. The law equally applies to citizens of the UAE and non-citizens unless one of them asks for the application of his home country law.
Nov 19, 2005
49124

Other answers by
When to claim an inheritance in Dubai while being abroad and which law is applied ? 2
Dear sir/madam,
I would like someone to be honest with me. I am in the UK. How long have I got to claim inheritance in Dubai?
I was reading in the Gulf News that the laws of the country of the deceased at the time of death can be applied regarding the will.
Is this true or false? I am really looking for these two questions to be answered first. Can anyone help me with this, please?
Mar 25, 2022
487
I seek to cancel a purchased property and get refund for delay in handover 0
Dear Advocate Sweta Singh,
I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year.
They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly.
Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment.
Regards
Mar 9, 2022
379
Is it possible to apply a will issued in South Africa in the UAE? 1
Dear questioner,
My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother.
He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be.
He has various properties and assets in the UAE. My questions are:
1. Does his will have power in the UAE or will it be divided by Sharia?
2. What documents are required to wind up his estate?
3. What is the wind-up process within the UAE?
Feb 22, 2022
504
How to access the bank account of my son who passed away recently? 1
My son tragically died in Dubai and his salary has been paid into a UAE HSBC bank account.
My daughter also lives in Dubai and has an HSBC account.
How can I access my Son's bank account, please?
I live in the UK.
Feb 17, 2022
399
How can we access the bank account of a deceased person? 0
My uncle died 2 weeks ago in one of the private hospitals here in Dubai.
We have already completed everything regarding the repatriation of his body with the help of his employer and his remains are already sent back to our home country last week.
He used to give me an access of his ATM card before and I tried to access it just few days ago and I found out that there is some amount of money left on his bank account.
I am aware that he has some pending bank loan requests before he died, so I am afraid that amount might be the reason of such big amount.
Being the only family member of my deceased uncle, what should I do in order to make sure that the amount is from his savings and not from his bank loans?
In case the amount is proved to be his own savings, is there any chance for me to get the authorization to claim that amount from the bank to be used by his family?
He has a wife with 3 kids back home.
Thanks a lot in advance.
Feb 10, 2022
318

Premium
Other answers by
The rights of an employee who works for another employer upon terminating him 2
Hello sir,
We have an employee who was under probation period on a limited contract and with our company visa. The performance is poor and it is found that he is working for another company (his old work) while working with us.
So the management decided to terminate the contract. Apart from the salary, do we have to pay his ticket fare?
May 25, 2021
364
How long will it take to get settlement from a company? 1
As-salam Alaikum,
My labor execution case number is {.....}. Al Adheed center asked me to get back after 21 days. More than 21 days are completed, but they are still asking me to wait till June 01.
It is still in process. I need to know how long will it take to get my settlement from the company?
Kindly advise me!
Thanks & Regards,
May 9, 2021
1078
What is the required notice period for the landlord to evict the tenant? 5
I recently purchased a property in Springs which is rented till September. I need legal advice on the procedure to send an eviction notice to my tenant as I need to occupy the property for personal use.
As far as I read in the RERA legislation Page 108-110, Article (25) - Section - 2, if the landlord wants to occupy the property for personal use, 90 days notice is sufficient.
But the tenant insists to have a 12-month notice. What are my options and is it possible to send a legal notice to the tenant to vacate the premises at the end of the rent contract?
Kindly advise
Jun 15, 2022
3780
How to claim compensation from a developer for delay in handover 1
Greetings,
The property was supposed to be delivered in June 2018 and is still not delivered. If they actually deliver by June 2021, what are my rights to the compensation?
At the time of purchase, it was a 50-50 payment plan. I paid the 50% at the time of purchase and in September 2019 they came back to me with an offer of a discount of 16% in the final settlement amount.
I accepted and paid the remaining amount as well. Therefore as of September 2019, I have paid 100% of the property value.
With all the financial challenges the delay has brought me into, I want to know what compensation is my right as I am assuming they will not be offering anything or if they do they might offer some waiver in service charges (for 1 or 2 years).
And I am worried if they give this waiver of service charges to everyone, will the property be actually taken care of or no?
Apr 11, 2021
1328
Would a promotion offered with less salary be considered constructive dismissal? 1
Hello,
I am originally from the UK and relocated to Dubai in 2004 when my company established a new office.
I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role.
Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain.
I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it's a major drop in salary (basic salary would drop by 40%).
There are no additional allowances. Currently, I receive basic salary + allowances.
I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal?
Apr 5, 2021
630

Premium
Other answers by
كيف يمكنني الاستعلام عن قضية إبعاد أمني ومحاولة العودة إلى الإمارات؟ 0
السلام عليكم،
أود الاستفسار بشأن قضية إبعاد زوج خالتي من دولة الإمارات العربية المتحدة. زوج خالتي كان مقيماً في الإمارات وكان قد وُلد وترعرع هناك.
في عام 2013 تم إبعاده من الإمارات، وكان ذلك نتيجة لسياسات حكومية كانت تستهدف مجموعة من المقيمين في تلك الفترة، وهو لم يكن قد ارتكب أي مخالفة في ذلك الوقت وكان يُعتبر ضحية للسياسات المتبعة.
أرغب في معرفة الإجراءات التي يجب أن أتبعها حالياً من أجل رفع هذا الإبعاد وتمكينه من العودة إلى الإمارات.
أرجو أن توضح لي كيف يمكنني مساعدته في هذا الموضوع.
شكراً جزيلاً.
May 1, 2025
11
My previous organization has not yet released EOSB because I contacted a client. Is this legal? 0
I recently joined a new organization in the Hamriyah Free Zone, and my previous organization has not released my end-of-service benefits.
The HR has instructed the finance team not to do so because I had contacted one of their clients.
In my DMCC contract, there is no Non-Compete clause, but the offer letter has one, and now they are not releasing the end-of-service.
Is this legal? What are my rights?
Apr 30, 2025
17
Can I renew my trade license and visa if I have multiple cheque execution cases filed against me? 0
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
May 1, 2025
40
How to file a case against my former company for unpaid salary I was not on their visa? 0
Dear Legal Advice Middle East,
I hope you are well.
I am seeking legal advice regarding an unpaid salary issue with my former employer, [-----]2 LLC. I was employed with them from December 4, 2024, to January 7, 2025, on a monthly salary of 5,000 AED.
However, I only received a partial payment of 2,473 AED on February 24, 2025. The remaining 2,527 AED is still unpaid.
I submitted a complaint to MOHRE on March 2, 2025, but I am unable to proceed further through their official channels.
This is because I was working under the visa of my previous employer, [---] LLC, and not under [----]’s sponsorship.
As a result, I do not meet the criteria to file a labor complaint via the MOHRE app or hotline.
Given this situation, I would appreciate your guidance on how I can legally pursue the recovery of my remaining salary, considering the complications related to my visa status during the employment.
Apr 30, 2025
21
Does filing an online rental dispute by a landlord lead to a travel ban on the tenant? 0
Hello,
Does the initiation of an online rental dispute case by a landlord in Dubai automatically lead to the imposition of a travel ban on the tenant?
This is not related to bounced cheques; the dispute concerns wear and tear versus damage claims by the landlord.
Apr 28, 2025
17
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