Questions & Answers - Legal Advice Middle East

Property inheritance and closure of business without a will

Q: PROPERTY INHERITANCE Property Inheritance (without a will) and closure of business including recovery and debt payments. I am an Indian. My husband, 44yrs, passed away on 11 Jan leaving behind a business (sole proprietor) that needs to be wound up and a house with a mortgage in his name. The house is currently rented with a tenancy contract ending 31st March 2021. Questions: 1) I want the ownership of the property. How do I do so without applying Sharia law? 2) Can we continue the tenancy contract till the title deed is transferred to my name? Closure of business My husband was running 2 garages under a PROFESSIONAL license as a sole proprietor with payables and receivables overdue; including employees, landlord, and suppliers as well as business loan and credit card debts, etc. 1. Will his liabilities affect my property ownership? 2. Can I get legal help to sell his business/legal license to pay employees and creditors with the help of his sponsor? What are my rights?

How to file for mutual divorce while the wife is outside the UAE

Q: Hi, I want to ask a question about divorce in the UAE. My wife and I would like to get a mutual consent divorce. She has left the UAE and her residency visa sponsored by me has been canceled. She has been out of the UAE for more than a year now. Can I still file for a divorce in the UAE? She is willing to come on a visit visa for court hearings if needed. We do not have any children and no contracts are made, just a Hindu marriage. Can you please advise me if this is possible and the fees, procedures etc.?

What to do with a developer who delayed property handover for ten years?

Q: We invested in a property which is delayed by 10 years. Now the property is ready but the developer is not following the signed SPA and asking to sign a new contract. A few investors won the case against the developer for a full refund but the developer transferred the project to his other company and is not giving the refund. Please suggest what to do. According to the SPA, the developer has to give 1% delay compensation but he is denying and asking money from the investor.

Can I resign from job if I am working under pressure?

Q: Is it possible for me to terminate a contract if I`m working under pressure? I didn`t sign a contract form either and don`t even know the term of my contract.

Requirements for the second marriage in case of separation from first wife

Q: Hi, I want to marry (divorcee) here in Dubai. I am already married (separated) and my wife and kids are living in Pakistan. Can I do second marriage here in Dubai without the permission of the first wife? I do send monthly expenses back home to my wife. Also what documents would I need for the second marriage? I am from Pakistan and the lady am gonna marry is from India. Would appreciate your guidance. Thanks

How to recover unpaid invoices and goods provided to a client who closed business

Q: I have been supplying goods to a popular retail group in the UAE. They had retail shops in almost all the malls in the UAE. Recently, they ceased operations and closed down all their shops. I have pending payments to collect from them as well as we have a lot of stock lying at their closed down shops. How can I pursue them legally to clear all my dues and take the stocks back? Kindly advise.

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Is it possible to negotiate the terms of the fine in bounced cheque cases?

Q: Can the payment terms & bail against fines for bounced cheque cases be negotiated in Dubai?

What to do to increase the amount of old judgement for child maintenance

Q: I got divorced from my husband in July 2012. At the time he was in jail for financial problems so I didn’t file an execution case on him then. I got a job and started supporting our only son. Now I filed for execution case (9 years later). Back then, the judge had awarded AED 800 per month for our son. He is now 13 years old and obviously, AED 800 is certainly not enough! Can I file a case to increase the amount? Would I need a lawyer for that?

What do you need to sell or claim an asset of a family member living abroad?

Q: Hi, I want to sell my father`s car because he can`t come to the UAE due to COVID-19 situation and visa issues for Pakistan. I have tried to get a power of attorney from Pakistan. It just keeps delaying. I don`t know what`s the issue there but till now it`s not happening. For attestation, the authorities are asking to send the documents through TCS (A Pakistan Courier company). Due to which, I am looking if there could be any other way here in the UAE by which I could be able to sell or gain ownership for my father`s asset. If there is any other way through I which can get ownership or authorization, please guide me. I would really appreciate it. Thank you.

Salary deduction because of the current pandemic and claiming the normal salary back

Q: Hi, I am an ex-pat working for a company in Iraq registered/based in Dubai. At the beginning of the pandemic, my income was cut by 35% for a minimum period of 6 months. I still remain in that position today, I would like to quest the legality of this when I believe my company was in trouble before the pandemic and this is a convenient way for the cuts to be made. I also believe that my company has started an additional business during this period which begs the question of claiming difficulties due to the pandemic. Thanks for your assistance!

A client wants to cancel a deal after shipping the requested material to him

Q: We received an LPO to execute a project with a specific material recommended by the client who gave us an LPO but now after shipping the materials to UAE, they are not accepting the material and they are asking for a change of material. From our side, it is impossible to return the material as we have made payments and we cannot send it back. We are holding the materials for almost 3 months now in a warehouse and we are totally stuck. We have shipped the material only with written approval and confirmation from the client and there is no cancellation clause stated in the LPO as well. The material contributes to 85% of the project value. What would be the best thing to do in this scenario?

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Requiring a replacement of the material of a project by a client after written approval

Q: We are a startup. We had been awarded a project of x value from a client. The client specified the material to be used for a project and to provide a competitive quote, which we did after contacting the supplier. We got the deal done for a really good price and bagged the project. After the LPO award, we started with the execution and did a mockup (completed 15% of work). After taking the client’s approval again in writing, we went ahead & placed the order. It’s been 3 months and still, the client hasn’t made any payments, now they are saying that the material is wrong. They want a replacement. The supplier has shipped the material to the warehouse in UAE since 3 months and we have paid 40% to the supplier. The supplier has paid 100% to the manufacturer, we have issued the supplier an LPO. Now, the supplier has warned us about taking legal action against us. The client we are dealing with is a big client, how can we take this further? Can we claim the legal fees in court?

Requirements for obtaining police clearance certificate from outside the UAE

Q: I am currently residing outside the UAE. If I need to get the Police Clearance Certificate from Dubai, do I need to provide my fingerprint or the Emirates ID details will do?

Can the developer rent the apartment before handing it over to the buyer?

Q: Can a developer rent your ready apartment before handover and then give you a supposedly used apartment on the final instalment payment? Note: due to issues on VAT and Snags, the final instalment has been delayed and also the project actual handover was delayed by +24 months from the original date.

Repercussions of a labour or commercial case on the company managing partner

Q: 1. Do the labour judgements in a labour case or a minor commercial case result in an automatic travel ban for managing partner? Or does it happen after the enforcement/execution of the judgement is filed? 2. Can a person renew visa with those judgements, if no enforcement is filed in either case?

Is it possible to work with a company other than your visa sponsor company?

Q: I am holding a resident visa from Dubai mainland company, which is acting more like a platform for freelancers. Is it possible for me to start working on one of the free zone companies, but still hold my current visa? (I assume it can be some part-time labour contract or full-time if possible).