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Continuing the execution lawsuit after employee's death

I am a Hindu widow. My husband died recently. I have a son and a daughter. There are three situations where I request assistance:

A) About a year ago, my husband had registered a commercial execution lawsuit against a company that owed him money. How can I continue the execution lawsuit?

B) My husband had won a civil verdict but not yet registered the related civil execution lawsuit. How can I register the civil execution lawsuit?

C) A company owes some money to my husband. They had issued a statement of account and an acknowledgment of debt, but they keep on refusing to pay and keep on asking for time. How to start a payment order lawsuit "Amr Ada" on the company when they issued an acknowledgment of debt letter to my husband?

I only have a marriage certificate and a death certificate. Do I need some other certificates to prove that I am the heir? How will I attach the case to my username in Dubai courts system? My son and daughter are ready to give me any documents that I need from them.

Elsayed Abdalla

Momentum Legal & Management Consultancy

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28 May 2021, 13:31

Dear questioner,

In addition to the death certificate, you need an inheritance declaration which depends on the son and daughter ages.

If they are adults, a POA from them will be required to act on their behalf. If they are minors, there is a different process for you to act as a guardian.

As for the case, we can assist to proceed further upon receiving a copy of the related documents, check the current status, and provide you with a detailed road map on the way forward.

You may share the documents via email.

Regards,

28 May 2021, 14:20

Thank you!

We are Hindu. My husband did not register a will.

The son and daughter are adults. They are ready to issue any letter I need, like POA or even a letter giving up their share of the inheritance to me.

A. What is the process to get an inheritance declaration?

B. Suppose the inheritance declaration takes time, how can petitions be submitted for the execution case that was already registered one year ago?

Thank you for your help at my difficult time!

28 May 2021, 15:10

Hi again,

The inheritance declaration can be issued from Dubai despite the fact that there is no will. It is important to declare the name of the heirs entitled to act and receive the amounts.

It takes approximately 2 to 3 weeks and needs an application from only one of the heirs with two witnesses on the heirs' names.

The process will be taken thereafter, it can be facilitated based on the declaration that shall be received and prove that heirs can legally act to proceed with the cases.

Feel free to call or share documents!

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Khaled Mahmoud Shibl

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)

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23 Jun 2021, 06:59

Hello,

As per your query, and as you are a non-muslim, and also as there is no will of your husband, the following situation shall be applicable-

1. The inheritance certificate shall be as per the Sharia law or the UAE Personal Status Law.

2. Normally, inheritance and succession take place within few weeks, however, for the court cases, you can submit the death certificate with the POA from your children and you can proceed by submitting your POA accordingly, for the rest of the cases.

If the court accepts, then it is fine, otherwise, you have to wait for the succession certificate from the court.

Please call or email us.

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