Questions & Answers - Legal Advice Middle East

Termination of SPA for delay in delivery and failing to pay instalments

Q: Hello, I would like to ask a question about real estate. My husband and I recently lost our jobs because of COVID-19. We invested in an apartment for more than 2 years ago. This apartment was supposed to be completed last year, but it is not even on 50% at this moment. We don`t have visa sponsor anymore and we are unable to continue paying for that apartment. We will have to leave the UAE soon. What are our options for this situation? Can we ask for the return of our investment? Thank you very much for your help.

اختصاص المحكمة في حالة وجود المدعي خارج البلاد

س: هل يجوز لمحاكم الإمارات الحكم بنفقة أطفال انتهت إقامتهم في الدولة قبل تاريخ رفع دعوى النفقات وبناء على إقامتهم مع الأم خارج الدولة؟ ألا يعتبر ذلك تعديًا على الاختصاص المكاني للمحكمة والأصل رفض الدعوى وإرجاعها إلى المحاكم المختصة في دولة إقامة الأطفال؟ شكرًا مسبقًا للرد!

The consequences of filling a case for divorce regarding alimony and Mehr

Q: Hi! I’m married to an Emirati man who wants to divorce me, but he doesn’t want to give me the dowry mentioned in the marriage contract in case of divorce. He advises me to ask the divorce cause he said that, in this case, he doesn’t need to pay me the amount mentioned in the marriage contract. We don’t have kids. I’m from Romania and we got married in Dubai. I want to divorce him too cause our marriage is not working anymore but I don’t know what will happen with my alimony in this case. Kindly tell me how I need to proceed. Any advice, please! Thank you!

Steps to get the settlement amount from developer after cancelling a property

Q: Dear Sir I have cancelled the purchase of a property in Dubai and the developer has agreed with my decision. The developer committed in writing to refund the agreed settlement amount “within 90 days “. I have kept consistent follow-up records and everything in writing between the developer and me. However, 1 week before the 90 days expiry period (due to my constant and persistent follow up in writing) the developer has stated it will take another 90 days for them to refund me the monies, sighting COVID-19 as “ the “ reason. Am I able to enforce the email agreement between the developer and me to recover the agreed settlement within the 90 days and latest at the 90-day deadline? I look forward to hearing from you, I would also be pleased to engage on the tel with you if you feel this would be more useful. I currently reside in Kenya. Thanks. Regards, S.

عمل الموظف أثناء إجازته من تلقاء نفسه ومطالبة صاحب العمل بالأجر

س: ما الإجراء القانوني مع موظف تقدَّم باستقالته عن طريق البريد الإلكتروني ووضع جميع الموظفين وأصحاب العمل بالبريد الإلكتروني، وبعد يومين، تقدم بشكوى عمالية ضد المنشأة يطالب براتب شهر عن عمله من المنزل أثناء إجازته السنوية المدفوعة بالكامل بالفعل؟ لم يطلب منه مديره المباشر أو أصحاب العمل أن يعمل أثناء إجازته لا شفهيًا ولا كتابيًا مع العلم أن عقده غير مُحدد المدة ويعمل منذ ٣ سنوات ونصف. هل يجوز أن يُكمل شهر الإنذار بعد تقدمه بشكوى عمالية؟

Taking action against a supplier in the UAE for not delivering goods

Q: I bought goods for (AED 400K) from a company in Jebel Ali - Dubai and they charged me 5% VAT which was not supposed to be charged because the goods are for export to an outside buyer. Now, they refuse to deliver the goods after 11 months. Can I sue them for fraud?

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Issuing an experience certificate while the visa was not issued by the current employer

Q: I am a doctor in Dubai. I joined a clinic from April 2019 to date. When I joined the clinic in April 2019, my visa was not renewed with the new clinic because I had already a valid visa with another company and I was not able to cancel my visa as that company was sealed and closed. The visa was changed only in January 2020 after the previous company cleared all their dues. Now I asked my current employer to issue me an employment letter/experience certificate for my CV/profile update (On Dataflow). HR has issued me a letter with dates from January 2020 to date, but my actual experience is from April 2019 to today. The employer says that this experience certificate can be used as a legal document to file a case against them that I worked without their visa from April 2019 to January 2020. Can you please guide me if this experience letter (for the purpose of my CV and Dataflow) has any legal consequences? And what can we do in this situation? I will greatly appreciate it. Thank you!

Filing a petition to demand citizenship rights as a son of an Emarati father

Q: I am now 20 years old and was born to a UAE Citizen and a Kazakhstani national. I was born in Kazakhstan and have been residing with my father for a while, while my mother is residing in her home country. There was no wedlock when I was born and it is not present till now. Am I eligible to apply for the Emirati citizenship? As I have already read in so many articles around the internet that the law states that anyone born to a citizen is eligible for it. It really hurts knowing, for the past 20 years, that I still don`t carry the rights of a UAE Citizen, knowing that the convicted mistake has nothing to do with me. I would be very glad if anyone can help me with this rare/complicated yet possible issue.

Getting the property of an Indian Muslim employee died in the UAE

Q: If an Indian Muslim employee died in the UAE and the company deposited his indemnity to his bank account, how can his family get his indemnity? There is no will and the embassy refused to help.

Recovering the amount of a bounced cheques after someone fled the UAE

Q: I had a non-dated cheque given by an Indian individual against the money given to him for his trading business promising that he will give some profit every month and return the money within six months. However, he failed to give monthly profit after two months and I came to know that he cancelled his residence visa and planning to leave the country. I have presented the cheque (312K AED) at the bank and got insufficient funds note and registered a criminal case at a Dubai police station. However, next day morning he left to India through Emirates Airlines. I am still wondering how he could leave when travel ban is there which I was told that will be automatically effective once I get case number which I got the previous day. I came to know from other friends that he has a plan to migrate to Canada soon. What are the next steps I should take to recover my money?

Is it mandatory to hire a lawyer in a divorce case in the UAE?

Q: Is hiring a lawyer mandatory as a part of the divorce procedure in the UAE?

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إصدار شيك بدون رصيد بمبلغ أقل من 200.000 درهم

س: هل جريمة إصدار شيك بدون رصيد تعد مخالفة بسيطة وليست جنحة إذا كان المبلغ أقل من 200.000 درهم؟

The status of company shares after the death of the only owner

Q: What will happen to shares of a company after the only owner passes away? It is a sole establishment.

Suing a developer for delay in property handover following the death of father

Q: My late father had purchased a 3 BHK apartment in a project in Ajman from a developer for around 500K. They were meant to hand over the units back in 2009-2011. They had then offered to buy another project, and as usual, had promised that even that project would be delivered within months in 2012, which we respectfully declined as then property agent was hopeful that the B15 tower`s court case would be resolved soon. My father tried countless attempts to follow through with the team of the developer and recover his funds as we had paid up to 90% or just the last cheque of 70,000 was pending for full payment towards the property handover. However, fast forward 2020, my father passed away in January 2019 and never saw the light of the day for that property and now my sister and I as his heirs are going round and round with the real estate agent again. I would like some serious advice on how we can recover the funds from the developer.

Settlement with the local partner and closing company due to loss

Q: Hi, I am having an LLC company in Abu Dhabi, started in 2013 with 51% local partner and 49% from my side. Every year I pay AED 14000 to the local partner regardless of the profit or loss. The important point is that the local partner never invested in my firm and it was only in the notary documents (51%). Now I want to cancel the company due to the loss and local sponsor is asking for AED 50,000 for cancellation which I don`t have. He said I can file a complaint in the police. Also, I have only the paid receipt of the local partner paid amount for the last year. Kindly advise on the legal aspects of it.

Abu Dhabi Tawtheeq cancellation of tenancy due to faulty AC

Q: I would like to cancel my tenancy contract which is valid until 30 Jan 2021 without any notice as the central AC of the building is damaged and the room temperature inside my apartment is over 33 degrees C. It has been like this for over 2 months. Some days the humidity is over 70%. Other flats in the building have a fixed temp of 25 degrees C but the AC controls don`t work for anyone. A team did temp repair after rigorous office visits but these works last for less than 1 week only. The advance of my annual rent has been paid until 30 September 2020 and the next/ last cheque is due on 01 October. Contract expiry is 30 Jan 2021. The real estate company is neither willing to repair nor willing to refund my advance paid as well return the cheque which is due in October and has never responded to my phone and several emails sent. I have several emails sent about this problem (in the English Language). What are my options? What proof would be required?