Questions & Answers - Legal Advice Middle East

How to transfer the shares of a company from his heirs to the partners?

Q: A company is registered in a free zone (Dubai South) and had 4 shareholders. But now one of them passed away and the successor is a very old lady, who is not cooperative and will not be able to sign any document at all (and she lives in another country). We have no idea who will be a successor after this old lady and these people will in fact never be interested to do anything with this company. The company is financed and managed by only one shareholder, who is willing to continue. What can be done in this scenario to keep this company and continue operations? How to transfer the shares of the deceased shareholder (buyout, shares transfer)? Is there any court procedure where if no one claims their rights after some time, the shares will automatically be transferred to the company itself or the third parties? Thank you. A.

How to resolve an absconding case filed by an employer in the UAE?

Q: Hello, Good day! I have a query regarding a legal matter. My work permit expired recently, and my company filed an absconding case against me a year ago. My visa with them will expire in June of this year. What should I do?

How to check if there is a travel ban and lift it if I have an absconding case and fines?

Q: Hello, I have a question. I have an absconding case and fines but I took an outpass to go back to the Philippines. Can I come back to the UAE?

Can I apply for a visit visa after settling credit card debt?

Q: Dear Sir/Madam, I had a credit card debt of AED 18,000 in Dubai. I left the UAE in 2019 with an outstanding balance due to my financial situation. I have since negotiated a settlement and made payment. I have received a settlement letter and a letter from the bank requesting the police to release the case. My question is, can I now apply for a visit visa? Has my travel ban been lifted? Thank you!

Can I claim my labor rights if my employer did not renew my contract?

Q: I am a doctor by profession, and my contract with my company was valid till June 2023. Last year in September 2022, I canceled my company visa to apply for Golden Visa. After stamping my Golden Visa, my company didn`t provide me with a new contract. My question is can I continue working without a new contract? Do I have any rights or claim of my unpaid salaries from the court in such a scenario?

Can a civil case lead to jail time and deportation?

Q: Dear Sir/Madam, Is a civil case punishable by jail and will send me back to your home county? Initially, I got a criminal case due to non-payment of my loan, after which, I just paid the fine at the police station. I am just worried that the bank can file a criminal case as I have not settled the amount. How will I know if they file a criminal case against me? Please advise. Thank you!

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Do I need to serve the three months notice mentioned in contract if I resign during probation?

Q: Hi, I just wanna ask if I can resign in 14 days even if the notice period in my contract is 3 months. I am still under probation period on a limited contract and I have decided to go back to my home country. With termination, will I still have to pay my employer if they would terminate me? Can employers refuse to accept these terms with MOHRE that I don`t have to pay anything? Do they have the right to file a case and claim all their rights through the court? How about the terms and conditions imposed and made in the contract?

Can we vacate the tenant after purchasing a new flat in Dubai?

Q: Hi, I bought a flat in April in Dubai with my husband. The flat has a tenant with a rental contract from the previous owner. The tenancy contract expires in June. The tenant has previously committed to leave and now wants to stay. 1. Can we force the tenant to leave as per previous confirmations? 2. If we can`t make the tenant leave, can we modify the contract (rent, number of cheques, etc) because we did not sign the original contract?

Landlord never sent a rent agreement, now threatening to evict me if I go to RERA

Q: Dear Sir/Madam, I have rented an industrial property and moved in 2017. All these years, I have been paying rent to the landlord`s office, and they have never sent me a rent agreement in advance. Last year, 2022-2023, they increased the rent by 40%, and I agreed. However, this year, they want to increase the rent by 15% to 20%. They never sent me any notice; just a day before the contract expired, they sent an email. I had sent them an email two weeks before the expiry date, requesting them to prepare a renewal contract, but they never sent it. Today, when I spoke to their representative, he informed me that if I go through RERA, the landlord will send an eviction notice and not renew the contract next time. He asked me to negotiate and accept the increase in rent. Whereas I have occupied the property for the last 6 years. Kindly advise my rights!

My employer is not allowing me to go to my home country for treatment. What to do?

Q: Dear Sir/Madam, My company is not allowing me to go to India for treatment. I do not have insurance coverage from the company, so I want to go to India for treatment. They are telling me that they will cancel my visa and I will have to pay because I am still on probation. Is this possible?

My flatmate took a video of my visitor in the toilet half naked without permission

Q: My flatmate took a video of my visitor in the toilet half-naked without permission and shared it with another person, and accusing me of taking another nationality which is untrue. What will be the cases to file a case?

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What are the options for appealing a forgery verdict?

Q: Dear Sir/Madam, My friend is the third accused in a criminal case of forgery of documents. He was sentenced to imprisonment and deportation. Can he appeal from inside the jail, or will his family need to do it from outside?

My friend has been charged with a case of possession of narcotics. How to defend the case?

Q: Dear Lawyers, My friend has been charged with a case of possession of a narcotic substance schedule 3 for personal use, on 1st March 2023. The quantity was very small, maybe 5 gm. The case is now in public prosecution under investigation, and he is currently on a travel ban as well. My question is as per the new law on drugs and as a first-time offense, what would be the verdict? Can he get a new visa and change jobs during this phase? How much time does it take to finish the case?

Will my brother have to take a drug test after surrendering for drug possession?

Q: Hello, My brother was arrested in February for possession of 4/5 grams of a drug. He was charged with possession of narcotic substances stipulated in Tables No. 1 and 4, Section 1, which is more than 100 grams in Dubai. He is not selling the drug, but I found out that he uses heroin. Yesterday was his first hearing, and he was sentenced to a fine of AED 5,000 and deportation. I would like to ask if he has to undergo a drug test when he surrenders.

What happens to the rent increase and eviction notice upon selling the property to a new owner?

Q: I am a tenant in a villa. The landlord wants to sell the property to a new owner who wants to move in. My rental agreement is till August 15, which means my 90-day increase notice is due on May 15. Three parts to this question: 1. If the current owner serves me a 12-month notice, can the new owners still increase my rent? 2. If the current owner doesn`t accept my counter-offer for the rental increase that he served before the notice (My offer is in line with the RERA calculations, but his is not), can he legally increase my rent if I get an eviction notice? 3. Is my eviction notice still valid if the sale of the property goes through? Or must the new owner serve me a new notice? Thanks in advance

تنفيذ حكم عمالي ضد شركة أغلقت

س: السلام عليكم، لدي دعوى تنفيذ عمالي. المنفَّذ ضده شركة ذات مسؤولية محدودة قامت بالإغلاق وتم إعلانها نشرًا ولا يوجد أي شيء للحجز عليه. المالك هو نفسه المدير (وفقًا للقانون الجديد لا يُسأل المدير) وحاليًا لديه شركة أخرى. ما الإجراء المُتبع هنا؟