Questions & Answers
Misusing the power of attorney by a partner of joint property
Dear Sir/Madam
I issued a General Power of Attorney to someone for renting our property. (He and I own a property together in Dubai).
Since he took the POA, He hasn't paid my share of rental and doesn't even answer my calls anymore!
I don’t even know what has happened to our property or even to my share. (I think that he has stolen my share).
I have sent several emails to agents that do business with him and asked them to give me all copies of tenancy contracts and all other documents about my property, but they haven't replied to my requests yet.
I like to mention that He has taken all the copies of the POA and Deed of Property and I don’t have any copy of the Deed or POA.
What shall I do?
Thanks
Dear Questioner,
Hope my answer finds you well.
Be informed that your partner has committed a dishonesty crime according to the Federal Criminal Law of the UAE, article no. 404:
"Whoever embezzles, uses or wastes funds securities or any other movable property with the intention to prejudice the interest of the due right's owners, if it is delivered to him as a deposit, rent, pledge, loan for use, or proxy, shall be punished by detention or by a fine.
In the application of this provision, the partner in a joint property, and the owner's property, and whoever receives anything to use in a certain manner for the benefit of its owner or for the benefit of another, shall be considered as an agent."
Be noted that the criminal intent in the crime of betrayal of honesty is not achieved simply by the conduct of the accused in the object entrusted to him, but requires the above proof of the ownership and depriving the owner of it.
So, we would like you to visit our office for a meeting, to provide you with the full consultation to your issue, especially that you do not have any copy of anything which your condition is so complicated.
Please do not be hesitate to contact me on my email to arrange an appointment with you in case of your acceptance to abovementioned at "ms@elnaggarlegal.com"
Thank you.
