Questions & Answers - Legal Advice Middle East

Is the tenant obliged to provide PDCs if it is not mentioned in the tenancy agreement?

Q: Hello Rajasree 1. The Lease Agreement for apartment rent states to be paid in 8 cheques. no mention of PDC or to give cheques in advance. 2. Lease does not specify that the cheques have to be given in advance or that they are to be PDC`s. 3. I am up-to-date on my rent payments. 4. As the lease did not specify cheques to be given in advance, I give them on a timely basis as and when due. 5. The landlord is demanding that I give the balance cheques as PDC`s and claiming it is a breach of contract. 6. The landlord is giving a 3-day notice to comply with the PDC`s or else pay the full balance of the rent. 7. The landlord is refusing to give me the landlord`s counter-signed lease copy. 8. I am neither in default nor behind on rent - how can he threaten me with a 3 days notice and demand PDCs when the lease did not ask for the same?

Can an Indian Muslim man marry a Hindu Indian woman without changing her religion?

Q: Hi, Is it possible for an Indian Muslim man to marry an Indian Hindu woman in Dubai without changing her religion? Both have residence visas and consent from parents.

Can a cheque issuer appeal a performance order judgment?

Q: After a Performance Order judgment is issued for a cheque return case, there is an appeal period of 15 working days I believe. Can the cheque issuer appeal on the grounds that he never received the amount in cash, but it was rather a guarantee cheque for trading for which he was a guarantor and the money was lost in the market? Whereas the cheque was actually issued as a guarantee to cover any loss. Please note there was no written proof of the trade deal.

The consequences of terminating a limited labor contract by an employee

Q: Dear All, I hope everything is well with you. I would like to ask about leaving my current company. My contract is a limited contract. I already finished 1 year and 2 months. What will be my future consequence if I will continue to do my plan? Thank you!

What did the new personal status and civil marriage law present for non-Muslims?

Q: Can anyone explain the latest divorce law in Abu Dhabi for non-Muslims?

How to file a case and put a travel ban on an employee for embezzlement?

Q: One of our staff robbed our signed cheques which were kept in our office drawer and encashed two cheques so far and two signed cheques are still with him. We are overseas in the UK at the moment and our office is in Dubai. We lodged a police complaint so far. How can we stop that person from going out of the country?

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Leaving with outstanding bank dues and planning to travel back to the UAE

Q: Hi Sir, I need to travel to the UAE but I have some credit card dues. Could you tell me what will happen when I am re-entering the UAE? I lost my job and I had to exit the UAE. Now I need to go back to the UAE for job finding. What are the consequences I will face at the UAE airport?

Possibility to proceed with the execution on a company after discovering seizure of vehicles

Q: Hi, Actually, I`m working in my father`s company and he had given a case against a company for a huge amount. Now, when I checked the legal document I found that the judgment has been issued and they have seized 26 vehicles. Now, my dad is not here in Dubai. He handed over a power of attorney to me. This all happened in 2012 and I think judgment came in 2016. Do I have any hope?

How to check possible issues for improper company closure before returning to Dubai

Q: I have a company in Dubai. There is a partnership firm. My wife was very ill and I went to India, so my partners were running the business secretly. They don`t inform me about any matter so we decided to cancel our partnership. But I can`t go to Dubai due to the Corona situation. I am in India for the past 8 months. I just contact my friend in Dubai. He told me that my partners canceled their partnership in the old company and started a new firm. Is there any problem to come to Dubai on a visit visa to search for a new job?

Claim back money from developer based on Expression of Interest payment

Q: Dear Sir, I made an AED 37,000 Expression of Interest payment to a developer in August 2021. I decided not to go ahead and asked for a refund of my EOI. To date, I have not gotten these funds back into my UK account. The developer says that the funds are in their intermediary bank. They keep saying they will update me. Please advise what I can do. Thank you S.

Liability of signing a mortgage MOU on behalf of a friend to lift her travel ban

Q: Hello, My friend has a ban from traveling outside the UAE due to unpaid mortgage payments. She is trying to sell the property (an apartment worth more than the remaining mortgage value) with the bank agreement. The bank told her that if she presents an MOU that someone wants to buy the apartment, they would lift the ban. My friend is asking me to sign the MOU as a buyer, she herself wouldn`t sign the MOU but send it to the bank to get the ban lifted as she needs to travel urgently (her father is in the hospital dying of COVID). I do not intend to buy this property nor do I have the funds to do it. I am reluctant to sign this document, even though I want to help my friend. Would I be held accountable and have to pay a penalty fee of 10% of property value if I am the only one signing the MOU? What if the broker also signs it but my friend (the owner) doesn`t? Could the bank turn to me if they find out I am not truly interested in buying the property? Thanks for your help!

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Can a property buyer authorize a reputable real estate agency in Dubai to act as escrow?

Q: Can Dubai real estate agencies act as escrow for resale properties? Online transaction. From outside the UAE. A reputable real estate agency in Dubai with a valid RERA real estate license has been chosen. The property is a finished resale property. Not an off-plan property. Payment would be made to the real estate agency which in turn promises to make sure it will be a fair transaction so that the buyer will receive the title deed, as well as the seller, will receive the payment. Can or do Dubai real estate agencies usually act as escrow?

How to release a passport given to bail out a partner from the court

Q: I have submitted my passport to Sharjah courts in order to bail out my business partner. There was a cheque bounced case against him (value 29000 AED), meantime my visa has become overstayed for a long time since he could not clear the case and return my passport. I need a legal assistant to release my passport from the courts and cancel my visa from his company.

A partner wants to leave the company. What to do?

Q: I had registered a company in Shams Sharjah free zone since almost one year and 3 months. I own 95% of company shares and another partner has 5%. The company until now has no activities. I already got my visa & UAE ID and the situation now is my partner wants to step out and I would like to know the process & fees to do so. Can you advise me, please?

How to check whether a travel ban issued in 2017 still exists?

Q: Dear sir/madam, How to know whether I`m banned in UAE or not? I have been deported in 2017. My fault was a WhatsApp message (I love you).

Traveling abroad while there is a pending case in the police

Q: Hi, The police called me for a legal case filed by someone against me. They took my phone and AED 5000 deposit to release me after taking my statement. They told me that they will call me on Sunday, but to date, I did not receive any call from them. 1) How can I get my mobile? 2) If I am traveling next week and the police call me in between, then how can I keep safe so that I can attend the case after traveling back?