Questions & Answers - Legal Advice Middle East

How to prepare a Will for non-Muslim in the UAE

Q: I’m Christian and my husband is Muslim. Can I still have a Will that allows me to choose who gets what if I pass away in the UAE, including the guardianship of my 3-year-old son?

Can I request applying the Indian Special Marriage Act for divorce in the UAE?

Q: Is it possible for an Indian couple to file a mutual divorce from marriage under the Special Marriage Act of the Indian Law in the UAE?

How to get true updated information about project completion?

Q: Learning about the true status of project completion if the information at Dubai Land Department is outdated. How is it possible to learn about the true status of project completion if a developer consistently misleads about imminent completion while the information in Dubai REST is almost two years old? Dubai Municipality refused to provide information and advised to contact the developer. Does an investor have any rights to obtain information from sources other than the developer? Are there any private services such as experts or lawyers with the right to get true project information on behalf of an investor? Thank you!

Real estate claim with the main and alternative positions in one claim

Q: I have a case whereas the developer is almost 3 years late with the handover. The last status of project completion is 93.51% as of Feb 2019. It is uncertain when the developer will be able to handover, and it is possible that this may happen during the litigation. The Reservation Agreement refers to the exclusive jurisdiction of Dubai Courts whereas the SPA refers to the laws of the UAE and of Dubai being the governing law but is silent about the forum for dispute resolution. I presume that Dubai Courts would have the jurisdiction. I am concerned that the court may refuse the annulment, in particular, if the developer will become ready to handover before the judgement. Can I ask the court for annulment as the main position and for compensation for breach of contract as the alternative one, in case the court does not support the annulment? Is it a good practice in Dubai to include two positions in one claim? Thank you

Is it possible for the father to claim the custody of son who wants that?

Q: Hello, I am an Indian living in Abu Dhabi since 2007 and my wife who is now on her company`s employment visa moved out to a separate house beginning of 2021 along with my 6-year-old child (who`s also on her sponsorship visa). Now she`s not letting me meet with my son whereas my son has clearly expressed that he wants to stay with me permanently and doesn`t want to stay with my wife. What are my legal rights in terms of: a) Visitation rights b) Custody of my child Best regards

Adding a new partner to a branch of a company

Q: Dear Madam, Good Day To You! Is it possible to add a new partner in a branch of a company in Abu Dhabi? Actually, I want to open a branch company in Abu Dhabi for Dubai Trade License with adding one more partner with 51% share. Kindly provide me with the details, please!

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Dividing company shares among partners while one of them refuses

Q: I am a partner in an LLC company. Due to losses, the company funds are exhausted. In case there are dues to be given and one of the partners does not have the necessary funds, where does he stand? In case 2 of the 3 partners would like to leave the company, what are the options? The 3rd partner is unwilling to settle our dues which are stocks and machinery. He also does not want to pay a royalty of the company name. The company is 30 years in the business.

The responsibility to clear service charges after buying a unit from auctions

Q: Hello, We bought a unit from auctions in 2018. We got court letters for registration of the property under our names and service charges clearance letter. The issue is that the developer never cleared service charges before our date of ownership. Recently, with the launch of MOLLAK system, the owner association is asking us to pay previous balances before 2018. We asked the OA and auditor several times to apply court decisions without success. The court letter is written against the developer and not OA. Thank you!

The rights and obligations of a freelancer regarding gratuity and non-competition

Q: Good afternoon. The company terminated my unlimited full-time employment contract after 3 years, so not renewing my visa. I am working on my own visa now and continue as a freelancer. But they want me to sign their freelance/consultancy agreement with a clause that I am not allowed to work for any of their competitors (but they don`t provide me with a visa, medical, no benefits, even not giving me enough working hours). 1) Is it legal to ask a freelancer for this exclusivity? 2) How I can be a freelancer and not allowed to work for other companies? 3) What shall I do if I still want to continue working with them but need other jobs in other companies to have enough income to pay my bills? 4) Am I entitled to gratuity? Because they didn`t mention it. Thank you

The rights of an employee in case of termination for pregnancy

Q: Good evening, I have been working for this company in Dubai for almost 4 years now and I have received a bonus of good performance and dedication at least 2 times from my employer. I recently got pregnant and informed my boss. Note that this is my second pregnancy in the same company and I have worked very well with no absences or sick leaves. All of a sudden my boss sent me an email to terminate my contract stating the reason for termination as due to unsatisfactory performance. I would like to know if she had to right to do so knowing that I am pregnant. Thank you.

How to exit a limited term contract before the end

Q: Hi Sir/ Madam. I`m working as a civil engineer in Fujairah. I renewed my second visa on 26.05.2021. I`m resigning from my job and submitted one month notice period, but my agreement is a limited period contract and mentioned that: "Should either party desire to terminate the renewed contract, such party shall notify the other party of such desire within 3 months prior to the date of termination." Such period shall be similar for both parties. Both parties agreed that the termination wage to be paid by the terminating party to the other party shall be equivalent to the value of the worker`s total wage in 3 months. Such wage shall be similar for both parties. But my company informed me to work for 90 days. Please give me some suggestions to leave easily from the company. I am ready to compensate the company for the remaining 2 month notice time.

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How can I return to the UAE if I got blacklisted for an unpaid loan?

Q: Dear All, I am wondering what if someone took a loan and left the UAE because of work loss (redundancy matter) for months and got blacklisted. He got a job offer in UAE again and wants to go back and pay all his debt. Will that be possible? Can the ban be lifted? Or what should be done in this case? Thank you

The obligations of an employee for resignation during the probation period

Q: Good afternoon, I have been working in a hydraulic shop as a hydraulic hose technician. I`ve left the job during the probation period. My contract is unlimited. For leaving the job during the probation period: - Shall I pay the proportional costs of the visa? - Would I face a ban by MOHRE/Employer? - Shall I communicate 30 days before leaving? - Should It be as a mutual agreement between both parties, or I can quit the job without the consent of the employer?

How to reduce the 3-month notice period to one month upon resignation

Q: Hi Sir/Madam. I am working in a construction company. I gave a resignation letter to my company for one month notice. But in my agreement (should either party desire to terminate the renewal contract, such party shall notify the other party of such desire within 3 months prior to the date of termination. Such period shall be similar for both parties. Both parties have agreed that the termination wage to be paid by the terminating party to the other party shall be equivalent to the value of the worker total wage in 3 months. Such wage shall be similar for both parties. But my present company informed me that I am not allowed to go now. I`m allowed to go only after the completion of 90 days. Please can you give some suggestions on how can I be released from my current company?

Legal steps to file a compensation case against developer for misleading information

Q: Filing a case against the developer for compensation due to misleading information, delaying the completion and handover. I would like to see what are my chances to get compensation for all the misleading acts that the developer has done so far and also delaying the project. Thank you.

Leaving the UAE without resignation from work or giving a notice period

Q: My friend has left the UAE without resigning or a notice period. Her employer is chasing for applying a 3-month employment penalty. She has no outstanding debts or loans. Can they legally get this money from her?