Questions & Answers - Legal Advice Middle East

How to solve the issue of old residence visa to issue a visit visa?

Q: My residence visa was canceled on 23.09.2020 and I`m applying for a 3-month visit visa. They told me to update my residence visa. They said that the system shows my residence visa. How can I do that? Please help me. Thank you for your help.

How to recover the money from somebody outside the UAE?

Q: A criminal case against cheques is completed and sentenced to jail. The accused is right now in Kazakhstan, Almaty. What can be done next to get money back? Is there any law firm with experience with such a case?

A client cancels the contract and refuses to pay. What to do?

Q: Dear sir/madam, We were contacted by a large firm in the UAE. We agreed, put a contract, and got an LPO from a client. It was a 6-week project. We started & followed all the processes, got approvals for each task as per the approved project plan, did revisions they requested. For a few items, we needed the client`s feedback or inputs but they didn`t provide them at all. For 4 weeks, we sent reminders, calls, emails. No response or updates. It was affecting us; 6 weeks is over. Today, we got an email saying they are canceling the PO and not paying at all. The PO clearly states "partial payment" is included. Our contract states delays caused by clients are their fault and are payable. We have full proof of work, emails & records. We want to take legal action and get compensation for all work done, delays, time wasted, and damages as we had to stop other work. Please advise!

كم مرة يجوز الطعن بعد الإحالة لمحكمة الاستئناف لأول مرة؟

س: السلام عليكم، سؤال: كم مرة يجوز الطعن بعد الطعن والإحالة لمحكمة الاستئناف لأول مرة؟ وهل إجراءات رفع الطعن أكثر من مرة هي نفس إجراءات رفع الطعن لأول مرة؟ وشكرًا!

Does the landlord have the right to change apartment locks without notifying the tenant ?

Q: The landlord has changed the lock of my apartment without any notice, with all my belongings and even my cat inside. What should I do?

فسخ العقد في حالة اختلاف المساحة الفعلية للعقار عن المساحة في العقد

س: اشتريت وحدتين عقاريتين من مطور عقاري في دبي وبعد الاستلام اتضح وجود فرق بين العقود والواقع في المساحات. لا يريد المطور إرجاع الفرق ولكن يريد أن يجبرني على شراء وحدة أخرى بالمبلغ رغم أن المبلغ لا يكفي لشراء وحدة ولكن طلبوا مني دفع زيادة لتغطية قيمة الوحدة. هل يحق لي فسخ العقد؟

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How is it possible to revoke a power of attorney after misusing it?

Q: Sir, I wish to know about the general power of attorney in Dubai. I made a general power of attorney in my brother`s name. He renewed it until 2016. Its court stamp expired in 2016. My brother used it to sell my flat in 2017 and afterwards, he gave the same to a real estate agent to get rent from 2016 - 2021. This general power of attorney, which had been once used in selling one flat and which the court`s stamp expired in 2016, can it be used for getting rent without my knowledge although its date was 2016? In 2021, I came and cancelled it. But the rent real estate agent got through it, can this be recovered? If a general power of attorney can be used even without renewing, then why there is a law to renew it after every two years? The agent says, it remains usable and working until it is cancelled. No matter even if it is not renewed it can be used. I am worried if my brother makes a fake agreement with a person in backdate and write receiving of money on my behalf, what will I do? Any remedy also?

Is it possible to return to the UAE if you have a temporary ban?

Q: Hello. Is there a way of finding out if someone is blacklisted and can`t come back to the UAE? I`ve been told that there are some people who have short-term bans and can come back. They just don`t want to risk coming to Dubai and then getting deported immediately at the airport.

Responsibility of the insurance to guarantee car repairs after an accident

Q: Good day! I`ve had an accident a month ago and I took my car for repair and have signed a paper to proceed for repair under the advice of my insurance company. After 1 month, I checked the status of my car and the repair shop asked me to transfer my car to another shop. I drove my car for transfer I noticed that my car has some humming sounds, and it is shaking/having some vibration when it is accelerated to 60. I informed the shop and they said it will not be under insurance. Now, what I am asking from my insurance company is to just make my car roadworthy and without the vibrations/humming sound but they are refusing as they are saying it was because of the normal wear and tear and not because of the accident. But before the accident, my car didn`t have any issues like what it has now. My question is, do I have any right to ask the insurance to make my car roadworthy before it is released from the repair shop? Thank you

How to protect your rights when you buy a property on mortgage

Q: A property seller intends to settle their property mortgage with their bank before selling the property to me. In other words, the seller said they wanted to go to their bank, wire the outstanding balance to their bank, and wait for the mortgage settlement confirmation letter by the bank. How long does this process usually take in the UAE? Are there any delays by the banks?

How to claim a debt from a civil company after filing the execution?

Q: I won a civil court case against a civil company with a professional license (Not an LLC company). I started an execution case for AED 262,800. One of the partners of the civil company informed me that his company will file for bankruptcy and I will not get any money at all. He said that all the company debts will be wiped away and he will not get a jail term and he will not have to pay anything. Article (671) of Civil Transactions Law regarding civil companies states that partners have to pay the debts of the company. (A) Which view is legally correct? Is it possible to demand money directly from the partners of a civil company after the company is declared bankrupt? (B) How should I protect my rights if the debtor Civil company files for bankruptcy? (Important Question C) Will the court automatically distribute the debt of the civil company to its partners upon declaration of bankruptcy? Or do I have to start a new court case against the partners after the civil company is declared bankrupt?

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الإجراءات اللازمة لحصر وتقسيم التركة

س: السلام عليكم. والدي رحمة الله عليه توفي منذ سنة ولديه مبلغ بسيط في أحد البنوك وسيارة مسجلة باسمه وحسابات تابعة لشركة اتصالات وليس لديه أي أملاك أخرى داخل الدولة. صدرت شهادة إعلام وراثة من المحكمة في أبوظبي. ما الإجراءات الواجب اتبعاها للتمكُّن من التصرف بممتلكاته المذكورة لنقل ملكية السيارة وإغلاق الحساب البنكي وتحويل الحسابات التابعة لشركة اتصالات لأحد الورثة؟ علمًا بأنه تم التواصل مع قسم المساعدات القانونية في المحكمة وأشاروا بعمل طلب دعوى للتركات أو في حال لم يكن لديه أملاك نكتفي بإصدار رسالة مخاطبة للجهات المعنية. أرجو الإفادة بالإجراء الواجب اتباعه وطرق التقديم!

الحصول على حصر إرث المتوفى

س: ما نوع المعاملة في دائرة القضاء في أبو ظبي للحصول على حصر إرث المتوفى؟ علمًا بأنه صدر إعلام وراثة من المحكمة.

Removing the name from a trade license to avoid the financial consequences

Q: Hi Ms. Rajasree, Good Day! I was a resident of the UAE. Last year, I moved to Germany (since Sep 2020) handing over my partnership rights to my partner at the Al Twar court notary premises (Qusais). However, off late, I did find that the partner is in a big mess and he hasn`t primarily paid any rentals ever since my exit; also hasn`t taken my name from the trade license with the Dubai economic development. Now all the payment dues (and other related company issues) are also reflected in my name and the court has also issued a verdict (via RDC) to our company which now implies to me too (since my name wasn`t taken out). Our company is an LLC company. So my questions to you are: 1) Is there a process to take my name off. from the trade license if I approach the court and explain as I wasn`t a part of this by any means as already I have the originals of the partner`s amendment signed? 2) If so, for appointing a legal entity, how could I execute a POA from Germany to a legal firm in Dubai?

What can the employer do if the employee went on leave and never came back?

Q: I have an employee who went on annual leave and could not return for over 150 days now. Will he be terminated by law and should we hold his gratuity?

How to lift immigration ban given after an absconding case

Q: I was deported from the UAE last April 2017 due to absconding and overstay. I want to return to the UAE with my new passport and with my real name. Would it be possible for me to re-enter the UAE again with my new passport using my real name? Please advise me on this. Thank you very much.