Questions & Answers - Legal Advice Middle East

Following up on a case without being in the UAE

Q: I am a converted Muslim. I have an inheritance judgment from Dubai family court, on my estranged non-muslim son, since 2013 and the monthly inheritance is being transferred to a bank account in Dubai by the court directly since then. I am residing in India due to old age and poor health. Can I follow up on my case without a residence visa for an enhanced inheritance?

The required documents to collect funds from a deceased bank account

Q: Hello everyone, Good day to all of you! My father recently passed away (may he RIP) in Canada, I just found out he has a bank account in Dubai and would like to understand the procedure to collect the funds and close the account. We are Muslims as I understood that this might change the procedures (?). I am looking to hire a lawyer to help out with the above. I just need to know exactly what documents do I bring with me from Canada. I have the following already attested and certified by the Canadian Ministry of Foreign Affairs and the UAE Embassy in Canada: 1) A will issued in Canada. 2) Death certificate. 3) Power of Attorney from my siblings. Thanks!

Getting back to Dubai after leaving without proper visa cancellation

Q: Hi, I lived in Dubai for 17 years and met my British husband whilst being there and we married. 4 years later, he hit me and financially abused me so I fled to the UK with our 2 very young children. I was not working at that time but was on his visa as a spouse. My visa was not properly canceled and it expired18 months ago. I am not on good terms at all with my ex-husband. Am I safe to visit Dubai again? Or there will be a problem if I go there because of not canceling the visa officially and absconding with children? We have UK court orders for divorce and the children are court-ordered to live with me. Please advise!

Submitting documents to apply the highest punishment to a murderer

Q: Hello, Greetings! I am from Bangladesh. My father was murdered in the UAE by a culprit. I want to know something about the law of the UAE concerning a murdered person, anyone murdered in the UAE. Is it mandatory for a victim`s family to send some documents in regard to expecting the highest punishments to be applied to the culprit? Or if it is a government case, it will run automatically? Is it necessary according to your law to submit any documents for applying the highest punishment? I am a victim. My father was killed in the UAE by a culprit. Now the culprit is in police custody. I hope you will help me in this regard! Thank You

الإجراء القانوني ضد شركة تؤخر دفع الرواتب

س: أنا مهندس مدني أعمل في شركة مقاولات. الشركة تدفع الرواتب متأخرًا بمعدل 4 شهور؛ فهي تدفع الرواتب شهريًا، ولكن بتأخير 4 شهور. بمعنى نحن في شهر 2 ننتظر راتب شهر 10. ما حقوقي؟ وما كيفية تحصيلها بالقانون؟

The right decision upon handover delay by a developer

Q: Background: 1. SPA was signed in March 2014. Original delivery Date Jan 2017. SPA permits 1yr delay. 2. I have made 35% on account payment. 65% was due on handover. 3. I completed snagging Q3 2019 and de-snagging last week (Post Jan 29, 2020) 4. Received handover letter in Dec last week 2019 to settle 65% by Jan 29, 2020. 4. I have been requesting/discussing since early Jan 2020 to provide me a discount/compensation for a 2-year delay and settle the net payment. Discussions are still in progress with no end date in sight. My Questions are: A. How to proceed? (i) Should I make 65% payment 1st and then seek delay compensation? (ii) Make on account payment after netting off my expected discount amount? (iii) Continue to wait for the developer to provide me the discount amount? (iv) Explore cancellation of the contract and seek a refund of 35% along with interest? Thanks!

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Claiming refund and compensation from a developer

Q: I purchased an apartment in August 2007 which was due for handover on October 31, 2009. The purchase price was AED 1.42 million. The payment term was 50% in 7 instalments and 50% on project completion. I paid 50% as per the agreement, The developer informed me sometime in 2008 that the project was delayed due to force majeure as the substation in Business Bay was not complete. Now it is 2020 and the project is still not completed. The substation in Business Bay had been completed years ago. I would like to know if I am entitled to compensation for the delay or can I cancel the purchase in its entirety and get my money back along with interest? Please advise me on my options and what steps should I take forward.

Termination during the probation period and visa transfer costs

Q: If we hire a person and he fails during the probation period and we decided to terminate him, will we pay his visa transfer costs? or he will be charged for them?

Knowing the fees to be paid to a broker for a furnished villa

Q: Hi, Wondering if someone can advise me, please! What is the commission to be paid on a furnished villa when the rent is 66,000?

Expatriates divorce in the UAE despite husband's refusal

Q: What should I do if my husband refused to divorce me in the UAE? He used to say, for the past 7 months, that I have to wait until we go back to our home country; without proper maintenance or intimacy.

العودة للإمارات وتسوية القرض بعد المغادرة نتيجة التعثر في السداد

س: السلام عليكم، أنا سعودي وذهبت للإمارات وعملت بشركة، وبعد مدة اقترضت مبلغ حوالي مئتي ألف درهم لظروفي ولكن واجهت صعوبة في السداد وسافرت إلى السعودية. هل يمكنني العودة للإمارات وجدولة السداد من جديد أم سأكون مُلزم بدفع كامل المبلغ؟

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التصرُّف السليم تجاه الاستدعاء لعدم سداد الإيجار

س: تم استدعاء زوجتي من مديرية الشارقة مع عدم ذكر السبب، وأُعلمنا أنه في حال عدم الحضور سيتم التعميم عليها. قامت زوجتي بتأجير شقة باسمها لأخيها لمدة سنة، وعند مغادرته الدولة نهائيًا، لم يُسلم الشقة للمؤجِّر أو يُعلمه بإخلاء الشقة ولم تعلم زوجتي بذلك إلا عند اتصال المديرية بها. نعتقد أن هذا هو سبب الاستدعاء. ما الإجراء القانوني؟ وهل سيتم حجز زوجتي في حال تنفيذ الاستدعاء؟ وهل يجب علينا الآن دفع مبلغ الإيجار لسنة ثانية بالكامل؟ هل أستطيع أن أكفل زوجتي؟ علمًا بأنني إماراتي وهي وافدة. وماذا يحدث في حال عدم استطاعتي توفير المبلغ المطلوب في الحال؟ أرجو الإفادة ولكم جزيل الشكر!

Are electronic transactions considered valid commitments?

Q: Hi, Could you please advise! Can commitments or agreements via electronic communications (emails) be considered as a binding agreement as per the UAE law? If yes, kindly provide the law clauses.

The responsibility of paying EOSB when a partner refuses to bear it

Q: Good Day, My partner and I have been 50/50 shareholders in a transport company for the last 35 years. Now we reached a stage where we can`t stand each other. I offered my partner that I will run the company for 2 years and agreed on remuneration to him with a fixed amount to be paid irrespective of profit or loss for 2 years i.e. 2018 and 2019. We both agreed. Now we are closing the company, or else, one of us buys the other share and we need to finalize on the payout. I informed my partner to be equally responsible for the employees resigned in 2018 & 2019 regarding the end of service benefits which he has refused saying that he was not in the company for these 2 years. Those employees have been working with us before we had this agreement. Please advise if he is responsible for their payments equally or not.

Getting a new visa from a new employer without canceling the old, expired one

Q: Hi, My friend had been working in a company for 2 years. Now, his visa got expired 1-2 weeks ago and he got an offer from another company. He wants to join the new company so he is requesting his old company to cancel his visa but the company is delaying. So is it possible to get a new visa from the new company without cancellation of the old visa as it is already expired?

The responsibility for paying the overstaying fine while being hired by a company

Q: Hi, I have been hired in a Freezone company last November 20, 2019. My visit visa will expire on 25 November 2019. As per my employer, they have already processed my residence visa and changing status so I will not be allowed to exit the country and just wait for the new visa release. Now, the month of January, they are asking me to pay 1500AED for overstaying. Do I need to pay for that? Is it my responsibility to pay while they have already hired me? Waiting for your response!