Self-help
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UAE
Can a transfer of the deceased company shares be revoked for being technically defective?
Q: A transmission to ultimate beneficiaries seems to be technically defective from the wording of the deceased`s Will. The Shares of the Deceased should have been transmitted to 3 Trustees including the living spouse of the deceased but instead, they were transmitted to the ultimate beneficiaries named in the Will (including 2 of the Trustees but excluding the living spouse of the Deceased), which transmission would take place only upon the death of the living spouse. My question here is, can the defective Transmission be revoked and rescinded by the Board of Directors & the entries in the Register Of Members kept at Companies Commission be reversed back accordingly? Instead of going through a formal Transfer of Shares to reverse the transaction. Thereafter, a proper and correct transmission is to be done, transmitting the Deceased`s shares to the 3 Trustees as stated in the Deceased`s Will. Would appreciate advice on this matter. Thank you Questions & Answers
UAE
Does the new law on cheque decriminalization clear active bounced cheque cases?
Q: So there is this new law applicable on Jan 2, 2022, where convicts of bounced cheques will all be cleared and found innocent. Question 1: Will this apply to civil cases that have passed all stages and are under execution? Question 2: Will all this be cleared automatically or are there procedures to be done by the convict to fix and if so what are they? Thank you. Questions & Answers
UAE
How to recover an amount lent to a relative who refuses to pay?
Q: Dear sir/madam, I live in the United States. I lent money to a relative who lives in Dubai 9 months ago on the condition that it will be repaid in 6 months. He is not paying back the money now or committing to a date that he will repay. I had done a bank wire transfer and have proof of this. I don’t have any other legal documents except for WhatsApp audio messages that we exchanged. What legal options do I have? Questions & Answers
UAE
An Indian national took the money for investment and left to home country. What to do?
Q: Hello Sir, A foreign national (party1) (Jordan) invested with an Indian national (party 2) in the UAE for business. Party 1 has a security cheque of 100,000 AED from party 2. Party 2 sold the company to another man and left the country. How party 1 can get money from party 2 who is currently in India (Andhra Pradesh)? Questions & Answers
UAE
Can the wife ask for maintenance in case of separation without divorce?
Q: I am a non-Muslim and got married in the UAE 2 years back. I have a residence visa under my husband`s sponsorship. My husband and his family have kicked me out of the house been almost 2 months and I do not have access to my things which are at my in-laws` house. Once he made me leave the house, he answered my calls for the first few days but has completely stopped answering my calls, texts. And if I ask him to meet or let me come home he does not allow that anymore and says his parents do not want me to come home or to continue with the marriage. I am currently unemployed and, do not have a place to stay. What are my rights as a wife and how can I file for financial support and maintenance without divorce? And, do I need a lawyer to file this case against him? Thank you, H Questions & Answers
UAE
إخطار المستأجر بعدم تجديد عقد الإيجار نظرًا لانخفاض مبلغ الإيجار
س: السلام عليكم، لدي عقار بمنطقة الخليج التجاري بدبي مؤجَّر وعقد الإيجار ينتهي بعد 56 يومًا من اليوم. ليس لدي رغبة في تجديد العقد نظرًا لارتفاع الأسعار بحوالي 15 ألف درهم عن سعر الإيجار بالعام الماضي والزيادة القانونية للتجديد ستكون 10% فقط وهذا قليل جدًا نظرًا إلى أن العقد ينص على إرسال الإشعار قبلها بـ60 يومًا. كيف يمكنني إخطار المستأجر بعدم الرغبة في التجديد؟ وما الطريقة القانونية لذلك؟ وما المترتب على هذا؟ ولكم جزيل الشكر! Questions & Answers
UAE
هل يحق للزوج استرجاع المهر لخيانة الزوجة؟
س: السلام عليكم، هل يحق للزوج طلب استرجاع المهر لخيانة الزوجة له وبعد المواجهة تطلب هي الطلاق؟ هل القانون يرغمها على إرجاع المهر للضرر؟ للعلم مدة الزواج ١٠ أشهر. Questions & Answers
UAE
What can you do when the developer delays the property handover date?
Q: Good morning, I have a question in regard to delayed property handover. In March 2019 I deposited 5% of the property value and signed the reservation form which stated the unit price (736,000). I was promised (verbally) that the handover will be in August 2019. A couple of months later, I received the SPA which stated the same price and the new completion date which was set in February 2020. I refused to sign until they changed to the agreed date. 2 years after this date, I paid 20% of the unit price in total and I am refusing to pay the 5% left as agreed in the reservation form. I met with the developer more than a year ago (October 2020) and he said he will reduce the price of the unit. But when I went to sign the SPA again, the unit price was the same and the completion date was left blank to which I have refused to sign again. I received the handover notice today (7 days later than stated), the developer doesn`t respond. What can I do? Thank you in advance. Questions & Answers
UAE
إخلاء العقار من قبل المالك الجديد
س: السلام عليكم، أود الاستفسار من سعادتكم عما يلي: بتاريخ ٢٠ ديسمبر ٢٠٢١ اشريت عقارًا وسجَّلته باسمي، وهذا العقار مُؤجَّر حتى تاريخ ٩ فبراير ٢٠٢٢ عن طريق المالك القديم (أي بتاريخ الشراء، كان متبقي ٥٠ يوم على انتهاء الفترة الإيجارية). بصفتي مالكًا جديدًا، أخطرت المستأجر أنه في حالة رغبته في تجديد عقد الإيجار الحالي يجب زيادة الأجرة حسب شروط دائرة التنظيم العقاري أو إخلاء العقار عند انتهاء عقده في ٩ فبراير ٢٠٢٢ لكنه رفض الزيادة و رفض الإخلاء. أصر المستأجر على دفع قيمة إيجار أقل من سعر السوق وأقل من السعر الاسترشادي لدائرة التنظيم العقاري؛ معللاً ذلك بأنه كان ينبغي عليّ بصفتي مالكًا جديدًا للعقار أن أخطره قبل ٩٠ يومًا من انتهاء العقد، علمًا بأنني اشتريت العقار يوم ٢٠ ديسمبر ٢٠٢١ أي قبل انتهاء عقد الإيجار الحالي بحوالي ٥٠ يوم فقط. عقد الإيجار الحالي هو باسم المالك القديم حتى تاريخ ٩ فبراير ٢٠٢٢ و ليس باسمي ولم أوقعه. رجاءً أفيدوني بموقفي القانوني مع مراعاه أنني لم أوقع عقد الإيجار الحالي والذي سينتهي في ٩ فبراير ٢٠٢٢ فهو مُوقَّع بواسطة المالك القديم. جزاكم الله خيرًا! Questions & Answers
UAE
An employee has two contracts with the same company. Which one is correct?
Q: Good afternoon, I have a question. I have an unlimited employment contract with a company in RAKEZ Free Zone. In this employment contract, it states that I have a 6- months probation period with 1-day notice during the probation. Then, I have another employment contract from the company and it states a different probation period (3 months). Which contract is legally the correct one? And when I resign (I am in my 5th month now), can I use the 1 day notice period? Thank you so much for your help! Questions & Answers
UAE
Appealing a labor case with the value of 205,000 AED
Q: Dear sir/madam, Can we appeal in the court of cassation for a labor case with the value 205,000/- AED? It is a labor case initially with the labor court, then we approached the appeal court. The claim amount is 205,000/- however, we feel facts in documents have not been considered. Can we approach the court of cassation for appeal under the full jurisdiction labor case category? Questions & Answers
UAE
How to claim the labor dues from a business after working with them online?
Q: Hi there, I used to work online for a business that operates out of Dubai. I have a large sum of unpaid wages owed to me by my former employer. I can see online that they continue to operate and receive clients. They have also put on other employees who continue to work in the business. I have made several attempts to recover my unpaid wages yet have not been successful in doing so. Finally, I am looking to take formal proceedings against my former employer. As I do not live in Dubai, what grounds can I be covered on, If any at all? Questions & Answers
UAE
Filing a family case due to domestic violence
Q: Dear sir/madam, My husband always beats me every time he gets angry. I have lots of proof on my phone. I can`t file a case against him because my 7-month-old baby is with him. He took my baby away from me when my baby was 4 months. What is the best way to get my baby back? Do I need to go for medical to have legal proof? What is the case I can file against him? Questions & Answers
UAE
How to file a performance order lawsuit against a company and its managers?
Q: A civil company that I had dealings with has 2 partners. Each partner is also the manager of the company. The civil company had sent me a statement of account and a letter acknowledging a debt. They confirmed in writing that they will pay me AED 153,500 on 10th September 2021. The letter is on the company`s letterhead and has the sign of one of the two managers/partners of the company. They did not pay me till now. I wish to register a Payment Order/Performance Order (Amr Al Arida) lawsuit against the company since my right is unconditionally confirmed in writing. QUESTION: Should I make the lawsuit only against the civil company as respondent, or should I also mention the two managers/partners as respondents i.e. a total of 3 respondents? Please guide me. Thank you. Questions & Answers
UAE
The company is not canceling the visa after serving the notice period. What to do?
Q: Dear sir/madam, I submitted my resignation and I`m about to complete 30 days` notice period (I work under an unlimited contract). My management is not ready to relieve me and will not cancel my visa. What can I do? I have to join the new company on Jan, 5th. Questions & Answers
UAE