Questions & Answers
A partner signed an affidavit that his share is a loan from his partner. How to get it back?
Dear sir/madam,
I purchased a villa along with my business partner. The title deed says that we are equal partners in that villa.
Later on, the partner signed an affidavit (not notarized) stating that his share of the villa was actually a loan from me, and he would return his share of the villa and also pay 5% interest from the date of the title deed whenever I ask for it.
Now, I want my partner to give me his share of the villa but he refuses. So I sent a legal notice. The notice period has expired.
Q1. Can I file a performance order AMR AL ADA for this issue since the debt is unconditionally confirmed in writing (or is a performance order only possible for commercial contracts and money, not possible for a property)?
Q2. If it's possible to have a performance order case, can I also ask for the agreed interest from the date that I purchased the villa?
Hi,
The payment order should be based on commercial agreement and doubt that it can be accepted in your real estate dispute.
We need to review the agreement or the affidavit in order to advise on the right action. In principle, can you prove that he did not pay his share of the property, for example, the purchase price is paid from your account only?
Kindly contact us via phone or email for further assistance.
Dear questioner,
You can make AMR AL ADA for the money he received, and upon execution, you can implement the ruling by selling his share in the villa, then buying his share.
Regarding interest and the loan, it is against the law, as loans are only to banks, and therefore, it is necessary to review the contract and give an opinion, and you can get legal advice on this topic, with a specialized legal advisor, for 1500 dirhams.
You can contact us via email.
Dear questioner,
Based on the details given, we suggest to file a civil case not a performance order.
For further details, please contact us on WhatsApp.
