Questions & Answers

س: علي قضية مديونية منقولة من البحرين إلى محاكم الشارقة وقد حكمت ومفصولة وأدفع أقساط ويوجد علي منع من السفر، والآن لا أعمل وسيصبح علي تراكمات أقساط وإجراءات أخرى. هل يمكن رفع منع السفر بأي طريقة كانت، مع العلم إنها منقولة للتنفيذ؟ أفيدوني مشكورين

Closing an LLC company by a partner and claiming the rights

Q: What is the process to close an LLC company which makes losses? I am a partner. My partner/ managing director didn`t make any audit nor accounting for 5 years. I filed a case against him. He mismanaged the company and it went into losing more than the capital, 200% of the capital and he didn`t inform me. What should I do?

Investing in an off-plan property in Dubai

Q: I am an Indian citizen. I wish to invest in an off-plan property in Dubai. Specifically, I am interested in knowing the following: 1. Is there any standardized law (legally binding on the property developers) regarding the calculation of the property units` saleable area? 2. If yes, what is the Law No.? 3. Whether the saleable area is calculated based on - Net Internal Area (Carpet Area) OR - Including Wall Areas OR - Including common Areas? 3 A. If Wall/common areas are included, how much (%) of the wall area is added over & above the Net unit area? 4. Whether parking space is included in the saleable area of the unit or paid separately? 5. Whether the balcony area is calculated at the full rate the same as the unit area? 6. Whether it is required by law that the developer should mention the method of calculation of saleable area in the SPA? If all this information is available in any law/resolution, that would also suffice.

Claiming the passport held by employer after cancellation of visa

Q: My employer has already cancelled my visa, but they hold my passport.

إخلاء مستأجر بحجة استعمالها الشخصي من المالك

س: السلام عليكم أختي تسكن في بيت مؤجر ولم يدفع زوجها كذا شهر للمالك مع تمهيد من المالك وفرصة لهم، أي السماح بالتأخير مع السداد عند القدرة ودفع الإيجار بما يكملون في البيت. إلا أن المالك يريد إخراج أختي المستأجرة لأن المالكة تريد أن تعيش في ذلك البيت وقد وكلت محامي لإخراجها. ما الإجراء الذي سيحدث بحق أختي وماذا عليها أن تفعل؟ مع خالص الشكر والاحترام

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عقوبة الاعتداء الجسدي في مشاجرة

س: حدثت مشاجرة معي وضربني الشخص على وجهي بماسورة حديد. تقدمت بشكوى ضده ولكنه خرج بكفالة. ما العقوبة التي سينالها؟

الحكم المترتب على حيازة المقيم للمخدرات وتعاطيها

س: السلام عليكم، تم القبض على أخي بتهمة حيازة وتعاطي المخدرات. ما الحكم المترتب على هذا الأمر؟ علمًا بأنه يعيش في دبي وهو مقيم وليس مواطن.

Terminating the SPA of an off-plan property when the project is almost completed

Q: What is a probability to terminate an SPA with the developer in Dubai through the court if: 1. ACD was Q1 2017 + 12 m 2. Based on inspection of 02/2019, the project is complete over 93% 3. It is possible that the project may complete before or during the claim process but it is also possible that the project may be delayed further at least for months 4. According to the SPA, “the Seller shall not be considered to be in default or in breach of its obligations … to the extent that performance of such obligations is prevented … due to Third Party delays … or because of the time extension given to the Main Contractor by the Consultant Engineer .. for reason whatsoever”. Although it is likely that the delay has been caused by the Seller or due to reasons within its control (e.g, delaying payments to the Contractor), how can the Claimant access such evidence and does it matter given points 2-4?

How to file a case to get unpaid salaries from employer?

Q: Hi Sir/Madam I want to file a case against my company because I didn`t get my salary since 5 months ago. What do you give me suggestions? I already went to the labour court but nobody helped because of my 3-year visa.

Legal action against employer for forging signature to cancel visa

Q: My employer forged my signature to cancel my visa he charged me AED 4500. I reported it to labour. Can I go ahead to report to the police?

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Does paying the fine of a bounced cheque clear the case?

Q: Hi all, I have the following case. Criminal Misdemeanor - Cheque Bounce. Police Station: Bur Dubai - Jafiliya. Cheque amount: 110,000. I was told I can clear this by paying the court AED 10k. Can someone guide me on doing this on my own? The judgement is not passed. I`m in India currently. Please suggest.

The liability of posting artificial reviews as a digital marketing service

Q: Hi there, We`re based in Sharjah Media City Free Zone. Our question is: We are selling a digital marketing service. Our clients love it. We are writing artificial reviews and posting them as genuine user reviews. Some sellers have been sued in the USA. I wonder what the UAE legislation on this part is, and would we face the same risk? Thank you!

Termination of an off-plan unit for delay and failing to continue payments

Q: I had purchased a unit in an off-plan project in Dubai in 2018. I had paid 25% of the total amount. This property has been registered in DLD also on my name by the developer. I have not paid any further instalment because of my weak financial condition. On top of this, because of coronavirus spreading, I have lost my job as well. This project has also been delayed by one and a half year. Now the developer`s people are pressuring me to pay the balance otherwise they will inform the DLD and cancel the unit and forfeit my money. Can you suggest the way so that I can get refund of my money? I am really worried because I am a middle-class person and in deep financial crisis.

Checking for the status of a canceled project to get the money paid in escrow account

Q: Hi, We invested in a project which has been canceled for the last four years. Until now, we have not heard anything from the Dubai Courts although we registered our details with them. All the monies paid were into an escrow account. How can we chase this up further?

Filing an inheritance case to take over the property of the deceased mother

Q: My mother passed away last year and she had two daughters and a husband. She didn`t live in the UAE but owned a property in Sharjah. What documents do I require from my stepdad and sister? As both of them live in London. I got a POA for them as I am a UAE resident. Could someone please advise me on how I can take over ownership of the property? Thank you in advance!

Checking cases after leaving the UAE with a bank loan and credit card

رفع منع السفر في قضية دين لعدم القدرة على السداد