Questions & Answers - Legal Advice Middle East

I seek to cancel a purchased property and get refund for delay in handover

Q: 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

إمكانية دخول الإمارات بعد صدور تعميم بسبب بلاغ هروب

س: السلام عليكم، صدر تعميم ضدي عام 2007 بسبب بلاغ هروب من الكفيل، وقد هربت لأنه أخلف وعده معي بشأن الراتب الشهري. صدر حرمان لمدة سنة ورجعت بعد سنة ونصف، ولكنهم رفضوا في مطار الشارقة أن يدخلوني وأخبروني أنه صدر تعميم ضدي ولن أدخل الإمارات مرة أخرى. هل يمكنني أن أدخل أم لا؟ وشكرًا!

How to get the labor dues while being abroad?

Q: Hi, I have been working in the same company in Dubai for around 5 years. As I got a better opportunity, I gave resignation. In between my notice period, I came to know that I am pregnant. Due to my health problem, I completed only 17 days of my notice period as I was bedridden, and as per the doctor`s advice, I came back to India. It has been now 2 months and my employer did not cancel my visa or pay for my settlement including 1 month`s salary. As I am in India, I don`t know how to move legally in the UAE. Thank you!

Renewing the visa while an arrest warrant is issued due to a civil case

Q: Dear sir/madam, I have an arrest warrant issued against me due to a civil case and my visa has expired. I am trying to get settled with my creditor but he is not replying to me. Any advice on how can I request the court to allow me to renew my visa while I settle my case with my creditor? Also, I am willing to pay the overstay fines. Will the immigration understand my situation that due to the arrest warrant I was unable to renew my visa?

عواقب عدم سداد قرض شخصي أو قرض سيارة

س: السلام عليكم، ماذا يحدث إذا رفع البنك دعوى مدنية ضد شخص في حال عدم سداد القرض الشخصي أو قرض السيارة؟

What are the documents required to get a good conduct certificate?

Q: What are the documents required to get a good conduct certificate?

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A friend took a bank loan and credit card on my name and disappeared. What can I do?

Q: A friend has taken a loan in my name. I was helping out and he brought all the bank people to me. I have not even known the amounts. He has managed everything, I have only signed and done everything according to his instructions. Two days ago he promised he will pay off half and had the money in INR and needs time to convert it. And now he has disappeared, his number is unavailable and everything. The amount is not small two. One was a credit card he gave me himself as an employee of the company and has outstanding there too. Can I file a police complaint? I have WhatsApp chats

هل يلزم إرسال الإنذار العدلي قبل البدء في دعوى مدنية؟

س: السلام عليكم، هل إرسال الإنذار العدلي أو الإخطار العدلي إلى الخصوم من خلال مكتب محاماة يعتبر خطوة أساسية قبل البدء في قضية مدنية أم يمكن البدء في الدعوى المدنية مباشرة؟ وهل المحكمة تسأل عن سبب عدم إرسال الإخطار أو الإنذار؟ مع جزيل الشكر!

Labor rights the employee can claim in case of terminating the contract by the employer

Q: I was working in a private company registered in the mainland of Dubai for more than 4 years on an unlimited contract. My visa was due for renewal on 14 February 2022. However, my employer has given me a 30 days` notice (as per the contract) of contract non-renewal on 17 January 2022 stating my contract will finish on 17 February 2022, although the visa expired on 14 February 2022. I have completed 4 years and 27 days with the company. Now my question is, will the non-renewal of the unlimited contract be considered as termination by the employer since the company has given the notice to me? In such a case, what will be the basis for gratuity calculation? Will it be 21 days for each completed year (since the employer issued the notice) or 14 days?

I left Qatar with possible absconding, civil and criminal cases. Can I enter the UAE?

Q: Hi there, In 2014 I had been to Qatar on a "Work-Business" visa valid for 30 days. Before my visa expiration, I fled from Qatar back to India without informing the sponsor or office management. After I returned to India, I received an email from HR stating that the Qatari sponsor has filed an absconding case, a civil case, and a criminal case against me with the Ministry of Interior in Qatar. Now my question is, can I travel to Dubai on a work visa? Will there be any issue entering Dubai assuming that the Qatari sponsor has filed the said cases against me? Awaiting your response, H. Currently staying in India.

Breaching a purchase agreement of a villa by a developer. What to do?

Q: Dear sir/madam, I am from Pakistan and a cancer patient. I purchased a villa land from a developer and as per the agreement, they had to give possession after 20% payment but I paid 70% but they did not hand over possession and sent me a demand note of 100% plus more added amounts. They did not comply with the terms and conditions themselves and kept on putting penalties on me. I am helpless. Maybe they will confiscate my money?! It is a matter of life and death for me. Can you help me, please?

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Can you enter Dubai if you leave a GCC country with possible civil and criminal cases?

Q: Hi Hayyan, In 2014 I had been to Qatar on a "Work-Business" visa valid for 30 days. Before my visa expiration, I fled from Qatar back to India without informing the sponsor or office management. After I returned to India, I received an email from HR stating that the Qatari sponsor has filed an absconding case, a civil case, and a criminal case against me with the Ministry of Interior in Qatar. Now my question is, can I travel to Dubai on a work visa? Will there be any issue entering Dubai assuming that the Qatari sponsor has filed the said cases against me? Awaiting your response, H. Currently staying in India.

Do you have to compensate your employer if you resign during probation?

Q: I have joined a company and got my visa stamped on 3/2/2022. Now I got a better offer from another company and have asked to join by 1/4/2022. Will I have to pay my current employer any compensation before leaving?

How to cancel a property purchased by a foreign company as the law doesn't allow it?

Q: I have a foreign company registered in South Africa that has signed a SPA with a developer in Dubai. However, the unit that we bought has not been registered with Dubai land affairs as apparently, foreign companies cannot own property in Dubai. We have paid 51% of the money and the developer is refusing to cancel the Agreement as according to our understanding the contract is invalid as it has been signed with a foreign company. And legally, the company can`t own the property that the foreign company has signed the Sales & Purchase Agreement for. Can you advise, please?

Increasing the rent while RERA calculator states that it should be the same

Q: Hello, My landlord wants to increase the rent by almost 10%, but according to RERA calculator, it should not be any increase. Can I issue cheques for a new lease for the next year, print and sign the new tenancy contract on the same conditions and bring it to the RDC to open "Offer and Deposit"? Or should I open "Petition" in RDC? What is the legal procedure for this if the landlord doesn`t accept to renew the tenancy contract on the same conditions? Thank you!

التكييف القانوني لعقد الصيانة والإخلال بالالتزامات

س: السلام عليكم، سؤالي بخصوص عقد الصيانة من حيث التكييف القانوني. هل يعتبر من عقود المقاولة؟ وكيف نثبت إخلال المقاول بالتزاماته في عقد الصيانة لإمكانية فسخ العقد؟