Questions & Answers - Legal Advice Middle East

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!

Termination of property SPA and claiming refund for handover delay

Q: I purchased an off-plan property studio in Mar` 2018 from a well-reputed builder in Dubai. The anticipated handover date was March` 2020. In Aug 2019, I received notice that there is a fire incident at the site. Same month Aug` 2019 I have cross-checked the project status on the Dubai Land Department website which shows only 23% of work has been completed. It was clearly understood that the project was running late & they were never in a position to complete on-time March` 2020 even if the fire incident would not have happened. In the month of handover Mar` 2020, we have received that due to force majeure the handover is delayed & the remaining monthly instalments are paused & will be taken on completion, paid 50% till now. As I understand from my contract, delivery can be pushed by up to 12 months, however, there is no mention of actual delay that can be taken on a note of force majeure. What are my options with the developer? My preference would be to terminate the contract and get my money back.

Recovering an amount of money from an exchange services company

Q: I have initiated a transfer of $150,000 in June 2020 through reputed exchange services in the UAE to my stockbroker in the USA, however, the transfer was rejected due to some administrative rule changes by the broker. It has now been over 2 months of continuous follow up with the exchange service company, yet my funds have not been returned, which is causing me obvious distress and considerable financial opportunity loss. I registered a complaint with the Central Bank, however, no feedback has been received to date!

The punishment of giving birth without marriage in Dubai

Q: If a woman gives birth here in Dubai without marriage, how many weeks or months will she stay in prison before being deported?

The consequences of defaulting on payment of flat installments in Ajman

Q: Hi, I bought a flat in Ajman in 2008 and paid 15%, then I defaulted on payment. The contracts say that if I defaulted, they can keep 30% of the paid amount. Can they sue me for the full amount? Can they go to Dubai courts while the contract says Ajman courts have the jurisdiction in case of a dispute?

Termination of apartments for delay and failing to continue installments

Q: Delayed property development and defaulted payments, Please help! 3 properties purchased in early 2016. 1 x 1 Bed (est AED 1 mil+, status 82% dev). 2 x 2 Bed (est AED 2 mil+, status 65% dev). The developer confirmed that after 50% was paid we would be eligible for a mortgage. In 2018 attempted to amend the developer`s errors made on the names on the contracts and sort the mortgage. After liaising with DLD, we were told the LD was

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Sending a resignation letter and employer's refusal to reply

Q: I am working in a construction company as an engineer with a limited contract visa. Now, there is a 4-month salary pending, Due to this, I am facing a huge financial crisis. I got a better opportunity, I had given my resignation to the current employer. They didn`t even reply to my resignation letter regarding when they should release me. What should I do now? If they don`t release me, I will lose my new job offer!

How can a foreign company claim payment for the services rendered?

Q: Hello Ma`am, I am an advocate from Mumbai, India. A group company based out of Abu Dhabi, UAE had availed services from a company registered in India (registered as a small enterprise under Indian Micro, Small and Medium Enterprises Act) ("Client"). Accordingly, the Indian Client Company raised invoices for services rendered. However, the UAE Group Company failed to pay the invoice amounts. The Indian Client Company wants to initiate litigation in Abu Dhabi, UAE to recover money under the invoices issued. May I kindly request your advice on how can the Indian Client Company proceed under UAE law? Also, is there any special forum for Small and Medium Enterprises in the UAE to adjudicate upon such disputes and if the Indian registered Client Company may in any way proceed before this special forum?

Amending the parties of a claim to include the real owners of the property

Q: I won a real estate case last year and I`m at the final stage of execution against an LLC which has just little assets. Today, I learnt that this LLC has never been the owner of my ex-property as incorrectly written in my SPA. Instead, all the properties of that project, including the land, belong to 2 individuals who are the real owners as named on the title deed that all buyers received after having paid the 4% of registration. I would like to know how can I redirect my case towards those persons who still have a lot of assets in the building?

Developer's delay and receiving complete refund

Q: Hi, We had purchased a villa in a community a few years ago and it has been nearly 3 years of delay in addition to heavily advertised amenities at that time are being canceled like the Dubai rainforest. They`ve been extending it constantly whenever the handover nears without an explanation as to the reason for the delay. I want to know if you know similar cases; how may it be handled? I am aware of mandatory compensation but is it possible to back out/receive a complete refund? Thanks!

Returning to home country with daughter who is under ex-wife's custody

Q: Good morning, I divorced my ex-wife 3 years ago here in the UAE. We have one child who is 7 years old. She is the custodian and I am the guardian. I am the sponsor of my child and have my child passport but her mother has put a travel ban. I remarried last year. I plan to leave the UAE to go back to my country forever with my new wife and with no plans to come back. Can I ask the court to have my daughter following me in my country? There is an execution case that was opened against me after the divorce. Will this case be closed when I leave the UAE to my country? Should I inform the court? What would be the process to follow before leaving the UAE? Many thanks! Best Regards,

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The rights and custody of a child when the father loses his job and leaves the UAE

Q: I am the father of a young child and his sponsor. Recently, I lost my employment in the UAE. I will soon need to leave the country back to my home country. My ex-wife has full custody and resides on her own visa in the UAE. I have been paying monthly child maintenance and annual housing to my ex-wife despite the restriction she has been placing on my ability to see my child since the divorce several years ago and has neither seen him nor heard him for the past 6 months. - How can I enforce my right to see my child once I leave the UAE? - What are my obligations in regards to alimony payment once I leave the country (considering the current economic situation, I don`t know how long I`ll be unemployed for)? - What are my obligations in regard to my child`s visa sponsorship considering that I will soon be forced to cancel his visa? - Is there any legal possibility for me to reclaim custody of my child?

The impact of individual owner's death on company operations

Q: Hi, I am starting an accounting and bookkeeping company in Dubai as a professional license. I would like to understand the impact that will be on the company if I die as the individual owner of the company. Alternatively, I could register the company to include a 10% partner with me. So please advise what will be the impact on the company in case I or my partner died. Kindly note that my question is about the impact of my death on my company, not about my estate. I want to know if the company`s operations will be impacted and if yes, then how can that be protected?

Rights of the second expatriate wife married to Emirati man

Q: Hello, I would like to ask. In November, I will marry (Sharia marriage) a civic party of the Arab Emirates (a citizen of Dubai) and I will be his second wife. But I`m a citizen of Ukraine. My fiancé gives me the same requirements and living conditions as the natives of Dubai. The fact that my child will have the same rights and will be like a child from the first marriage where the woman is a native of Dubai. But I read an article that, like his wife and a stranger, I have no legal personality (inheritance, rights of UAE citizens, money for childbirth from the state...etc.) of the UAE citizens...etc. I wanted to ask if it was true and where I can find this information somewhere. I used it on the UAE website but I didn`t find anything. Thank you very much

Consequences of leaving the UAE without a proper visa cancellation

Q: Dear Sir, Good Morning! Sir I need your advice; I worked in Dubai in 2018, but due to my family problem I came back to India, without cancelling the visa. Now my visa status is showing PERMANENT CLOSED. Please clarify the meaning.

Claiming insurance compensation after the death of brother

Q: Hi Mam This is Abdul Haseeb from Pakistan. My elder brother Abdul Qadeer has passed away in a road accident in Dubai on 18-07-2020. Can you help me out? How can I receive his death insurance claim?