Questions & Answers - Legal Advice Middle East

Requirements of transferring the property of a deceased person

Q: Hello, I’m a Pakistani national. My father had an apartment in Dubai and he’s no more with us. I want details regarding legal documents which I need from Pakistan to initiate a case to transfer that apartment by inheritance law in Dubai.

Opening an execution file by the ex-wife for non-payment of outstanding dues

Q: My ex-wife had opened an execution file against me last year for non-payment of outstanding dues. I am now in the process of paying off the total outstanding balance. I would like to know: 1- Once the balance is cleared, is the execution file closed forever or can be re-opened? (assuming nothing in the divorce judgment is violated). 2- Can she reopen the execution file at a later stage to financially harass me; disputing something in the execution file not being calculated correctly? 3) Can the execution judge force a settlement if she is not being cooperative? 4) What are my options if she refuses to give me her passport for canceling her visa and force me to sponsor her? 5) She is unemployed and custodian of our daughter, I am financially supporting our child. If she decides to leave Dubai claiming that she will move abroad to her family for a better future of the kid (5 years old), is it possible even if I do not agree (as I won`t be able to bond with her)? Thanks!

Closing Etisalat account after clearing all the bills

Q: Good morning I settled my final bill and closed my Etisalat 2 years ago. They are still calling daily and now sending me final notices! Please assist. Thank you E. A.

Filing a fast track civil case to recover a bounced cheque amount

Q: A company gave us a cheque that bounced. The cheque amount is AED 108,000. What is the next action and how can we enforce a payment?

Termination of property SPA after defaulting on instalments

Q: Hello, I am a Canadian citizen, currently living in Canada, who was previously working in Dubai. I own two properties that have both substantially depreciated from when I bought them, and unfortunately, the money I make here comes nowhere near the amount I need to pay back in Dubai per month. I have debt collectors threatening my family and me, and I want to make it all go away. I am asking if there are any steps I can take to solve this issue, such as declaring bankruptcy. Honestly, I cannot afford much and just want to live in peace. I am willing to give up both my properties, take in loss so far and just start fresh. I apologize for not giving any names, and I have been on the blunt end of many scammers in the UAE and people threatening my family, so I would rather keep things anonymous for a while till I feel safe.

Forcing the first wife to live with the second one in the same apartment

Q: I have been separated from my husband since July 2019. I live separately with our 10-year-old daughter. He lives in the same building with his so-called second wife and her two boys from her previous marriage. I am Christian and he was a Hindu when we married in India but he claims to have converted to Islam and remarried. I am a housewife and totally dependent on him. I would also like to sue him for maintenance as he doesn`t give me much. My immediate concern is that he is forcing me and my daughter to move in to a 2 bedroom and live with them. I am most definitely against this. He said that the contract to my apartment will finish on 25 July. What can I do to avoid getting kicked out by him? I have only 6 days. Can someone advise me of the quickest action?

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Possibility of bail in case of detention for construction site accident

Q: Dear Sir, I have my friend in detention in Al Barsha police station for accidental death in a construction site. His team on site had employed fewer labours for work and one of those guys died in an accident. The police had detained my friend as he is the owner of the company. The police case report number is only available and they have not still transferred it to the public prosecution. Is it possible to get bail before the case being transferred?

Termination of property SPA for stopping handover after completion

Q: I have purchased an off-plan property in Dubai in 2014. The anticipated date of completion was December 2016, with 12 months legal grace period. The project was completed in August 2019, but until today 22-July-2020, the developer has not handed the project over. I have been very regular in my payments and have paid 90% of it. There is a clause in the contract which states I can only terminate my contract if the project is not handed over after 36 months of anticipated completion date and the project is not completed 60%. In my case, the project is ready 100% since August 2019. Can I terminate the contract and get back my 90% payments plus the legal interest? And where is it better to take my case, in Dubai courts or in DIFC? As according to my contract, I can go to DIFC arbitrators. Thank you.

Claiming the amount of a bounced cheque from supplier

Q: Hi, We received a cheque from someone who supplies our items and it bounced. As the amount is more than AED 200000, is it possible to recover our money if that person had already left the country?

Termination of a villa SPA and claiming refund for delay in handover

Q: Hello I booked a villa in 2015, paid Oqood and all the due instalments of 35% before handover. The project completion date was Jan 2019. The grace period of one year ended in January. The project still stands on 48% completion as per the RERA website. Is there any possibility to have the money refunded?

Flight expenses to home country when leaving job in unlimited contracts

Q: I`m about to finish 2 years with my employer, but my contract is unlimited. They said that they are not the one who is obliged to give an air ticket going back home. If so, is there any possibility I can get a free ticket?

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Status of the tenancy contract after expiry without a termination notice

Q: Hi, What are the rules for evicting a tenant if there is no tenancy contract (tenancy contract expired in Feb 2020)?

Reducing monthly alimony payments post ex-wife's remarriage

Q: I paid my wife a discretionary lump sum & agreed to pay AED 6k monthly. She has now remarried & had another baby with her new husband. I have my daughter three times per week to live with me & pay for overseas holidays...etc., that she has with me 2-3 times per year. What are the prospects of having these monthly payments reduced (say to AED 3k or less) or even cancelled so we each pay for our own costs of jointly raising our daughter?

Procedures and requirements for filing divorce case in the UAE

Q: Salam Sir. I live in Ajman. I want to know the cost of filing a divorce case. Kindly contact me on WhatsApp number. Thanks & regards. A. K.

كيفية دفع مبلغ الشرط الجزائي عند عدم الوفاء بالالتزام التعاقدي

س: مرحبًا، لدي استفسار. أبرمت عقد عمل مونتاج لمسلسل تلفزيوني. حدث تأخُّر كبير في تسليم الحلقات وأخطاء ومشاكل كبيرة بالحلقات المسلّمة. وفي هذه الحالة، وجب تطبيق الشرط الجزائي المتَّفق عليه بالعقد بقيمة 1000 دولار مثلاً. إذا كان متبقي للشخص المتعاقَد معه بحسب العقد دفعة أخيرة لما بعد التسليم بقيمة 500 دولار، فهل تُخصَم في هذه الحالة من قيمة الشرط الجزائي أم يسقط حقه في الدفعة الأخيرة ويُطالَب بدفع الشرط الجزائي بالكامل؟

Claiming the share of profits after bluffing by partners

Q: I am a 50% shareholder in a DMCC company. The other shareholder is withholding company profits. They have also given themselves a large pay rise and taken money out of the company bank account. They refuse to give me my share of the profits. I would like to know what options I have to remedy the situation. Thanks!