Questions & Answers - Legal Advice Middle East

The developer is delaying the issuance of the title deed

Q: It has been more than one year since I have made full payment for a ready to move in property. The developer has not given a date for issuing me the title deed. I complained to DLD. However, they told me that the developer has already been issued a fine, and now I have to take the matter to court. I have all the required documents to verify the above said. I want to know the following: 1) Can I sue the developer and ask him for compensation for the delay in issuing the title deed? 2) Can the developer charge me service charges when the title deed is still not issued? 3) How much (approximately) would it cost me to take the matter to court? Is it possible to have outside of the court settlement?

إثبات ملكية شقة بعد شرائها من الباطن وضياع العقد

س: اشترى أخي شقة من الباطن من المالك لأن أقساطها لم تُسدد بالكامل ودفع له ثمنها المُتَّفق عليه ثم ضاع العقد من أخي والشقة لم يسكن فيها حتى الآن. كيف يمكن إثبات الحق فيها؟ وكيف يمكن بيعها أو تأجيرها لشخص آخر؟

Can the tenant avoid paying early exit penalty for rent after losing job?

Q: We have an existing tenancy contract in Sharjah, but due to unfortunate circumstances of this pandemic, my wife and I lost our jobs. We already paid until December. Is there a current law where we can avoid paying the penalty of 2 months if we will end the contract earlier?

The right action after cancelling the project of a purchased property

Q: Hi, I have purchased a property in Dubai in 2014 and was promised for handover after 6 months, but didn`t complete. In 2018, the property was ceased by the land dept but the project where we had our unit was 90% complete so it was not cancelled and now they gave it to a new developer to complete it and hand it over. We were told by the land dept now to contact the new developer for registration and handover. Now almost 2 months passed we have sent multiple emails to the new developer but no response from them. Not even acknowledged. What should we do in this situation? We have paid the full amount.

The validity of divorce issued in the Egyptian Consulate in Dubai

Q: Hello, I am Filipina Muslim and my husband is Egyptian Muslim. I found him cheating so I want to file a divorce. If we get divorced in the Egyptian Consulate in Dubai, since our marriage took there, will our divorce be legalized in the Philippines and the UAE as well? We both agreed to mutual consent divorce.

Filing a false case against an employee in order not to pay his dues

Q: Sir, I am working in Dubai as a sales representative with 1000 as basic salary in the contract. I submit my resignation on 15/09/2020 with 30 days notice period. The company asked me to hand over the job on 01/10/2020. I handed over the company car, SIM, and laptop. On 11/10/2020, the company filed a case against me that I deleted all company emails. They filed a case in labor court. They don`t want to pay me September month salary + 6 years final settlement +1 year leave salary. Also, They don`t want me to join a competitor company. That`s why they filed the case. I do not have money for food. My 4 member family in India depends only on my salary. I don`t know what to do. Please help me!

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How to get married in Dubai?

Q: Hi, I want to know how can I get married in Dubai? What are the requirements? Can I get detailed information?

How to notarize a declaration form to withdraw a provident fund from Hong Kong

Q: Dear Sir/Madam, I want to notarize a declaration form to withdraw PF (Provident Fund) from Hong Kong where I previously worked. This is a declaration form saying that I have already left Hong Kong and am working now in another country and have no intention to return back to Hong Kong. Is it possible to notarize this declaration in Abu Dhabi? I have attached the filled in declaration form. If this is possible, please let me know how much it would cost?

Divorce of expats in the UAE and its international recognition

Q: Hi, I am an Australian, currently married to a British wife. We were married in the US. We both live in the UAE and wish to divorce here. We believe this to be the quickest and easiest process. If we do a UAE divorce by mutual consent, is this internationally recognized?

Filing a complaint against a husband who is cheating on his wife

Q: Hello sir, I stay in India. My husband has been working in the UAE for the last 5 years. Last month, I came to know that he is having an affair with a Pakistani girl and they are in love for the last year. The girl herself had given me a call. I want to complain against that girl and my husband. Please guide me!

رفض رد الدفعة المقدمة رغم الاتفاق على إمكانية ردها

س: قبل أكثر من سنتين عُرِض علي شراء شقة بمجمع سكني لم يبنَ، ولأنني لا أملك مقدَّمًا، طلبت تمويلاً بنكيًا وانتظرت الموافقة. قال لي موظف الشركة: ادفع أي مبلغ الآن للحجز وهو قابل للاسترداد. دفعت المبلغ لكن لم أحصل على قرض البنك وعندما أخبرت الموظف أنني لا أستطيع الشراء وطالبت برد المبلغ تهَّرب. عندما راجعت الشركة قالوا لا يمكن استرداد المبلغ مع العلم أنه لا توجد أي معلومة واضحة من الشركة على أن الدفعة لا تُرد إلا بعد الدفع. كيف لي أن أعرف أنه لا يمكن الاسترداد قبل الدفع؟ الموظفون لا يعطون المعلومة الصحيحة. هل يحق لي رفع قضية بناءً على أنه لا توجد معلومة مسبقة من الشركة؟

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Procedures for a Performance Order lawsuit and its execution

Q: I registered a Performance Order lawsuit. I received a decision in my favour. The respondent received a notice to register an appeal within 15 days. The 15 days have elapsed. What is the next step to register an execution case? There is no judgement in the file, only the decision obliging the respondent to pay and then the decision that respondent has 15 days to file an appeal. Should I make a petition for "Executive Writ" now or register an execution case directly?

عقوبة تبادل الضرب والجرح تحت تأثير الخمر

س: ما عقوبة تبادل الضرب والجرح في الإمارات؟ مع العلم أنه تم الصلح بين الطرفين بالإضافة إلى أن الشخصين كانوا تحت تأتير الخمر. وشكرًا!

The legality of changing the unit from a hotel apartment to a residential apartment

Q: I bought a hotel apartment on 25/11/2014. I received the apartment on 27/11/2018 with a delay of one year. Even though I decided to receive the unit on 12/2/2020. I received an addendum to the sales agreement to change the unit from a hotel apartment to a residential apartment. My questions: A. What is the legal point of view? Does the unit value various between a hotel apartment and a residential apartment? And how much is the difference? B: Meanwhile, I entered with them on 26/12/2018 to run the hotel apartment on 12/2/2020, they sent the addendum and stopped showing any income from that date till today. I called them but they never reply so I called the auto service number and they told me that the rental pool scheme is stopped and is not working. I asked them to hand the key to my representatives to rent the unit they refused. They said you have to sign the addendum and change the unit to residential. What should I do?

The legality and reliability of a joint venture company agreement

Q: Dear All, Warm greetings! We are in the process to create a joint venture company in Dubai, between a company from Europe (Named EU) and an existing company in the UAE (name UAE). The name of the new company is EU, UAE LLC. The new trade license mentions: - New company name is: UAE-EU LLC company - Shares are 51% to UAE partner and 41% to EU partner However, the foreign partner from Europe is asking me and another person to be part of the new JV Company as managing partners of the new company (COO and CTO). The shares would be: 20% for UAE partner + 40% for the EU partner and 20% for COO + 20% for CTO, but we will not have any salary; only 20% commission as COO and 20% as CTO, because we are not employees. Our names as managing partners are not mentioned in the new trade license. Can you please advise if this is enough to protect ourselves as COO/CTO? and also is the side contract taken into consideration by the UAE law in case of payment issues? Kind regards,

Procedures and costs related to release the husband assets after his death

Q: Greetings, My husband passed away due to Covid-19 recently, Resident of Dubai since 1990. I am resident as well with a son (Adult, Unmarried, Ex-Resident) and daughter (19, Active Resident). Under husband`s sponsorship. My husband had a bank account, Car and LLC partnership. The bank account is frozen, we are out of funds as the money is in the bank account and we can`t sell the car currently as it is under my husband`s name. What is the procedure for me to get everything released? How long does it take and what are the related costs of Court? We have Dubai visas. Son is here on a tourist visa. What`s the relaxation from the courts for Covid-19 affectees? Partner of the company is a sleeping partner, not giving us anything while having company capital in his own pocket and company on loss, high payables and no receivables. Will the company affect us or my deceased husband`s personal account and would there be a claim over his personal account? I can`t get POA from Pakistan. MOFA requires a Succession Certificate issued from Pakistan courts which takes 3-4 months, headache, costly. Regards