Self-help

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UAE

Transferring the property of a Christian father to his wife or his daughter

Q: Hello, My brother-in-law passed away, in May 2020, in Dubai. The family car was in his name. What is the procedure to transfer the car to his wife or daughter`s name, please? He has two daughters and both are above 21 years. They are Christians (just in case there is a different process). Really appreciate your help. Best regards, Miranda
Questions & Answers
UAE

The possibility to execute a potential court order while being in a transit in Dubai

Q: Hello, My husband and I have patched up after an extremely serious fight (which involved police and courts in 2 countries) in which he took away my Pakistani passport and my kids` foreign passports to keep us in Pakistan. Now, we are going to Africa for a vacation from Europe and we have a few hours transit in Dubai. Is it possible for my European national husband to somehow snatch my kids away legally by filing a case against me in the UAE, as he is in Dubai on a visit visa, and take them to Pakistan? Anxiously waiting for a reply. A desperate and scared mother!
Questions & Answers
UAE

Defense in case of work site accident and full recovery of the victim

Q: My husband is a civil site engineer at a private company in Dubai. In Feb 2019, a labourer fell from the 1st floor above and had a minor injury which was treated 15 days in the hospital and discharged. The labourer flew to his home country later (May 2019) and didn`t return to the UAE at his own will. He is hale and hearty till date. The passports of my husband and 2 of his coworkers were confiscated by Police soon after the incident. In a court proceeding, they demanded that the injured victim is proved to be healthy. The company legal team handled the case & contacted legal firms in the victim`s home country, made documents &video of the victim to prove he is fit and healthy. The case was dismissed at Dubai court. The public prosecutor appealed against the judgement. The latest judgement given is embezzlement of funds/bonds handed over to him in prejudice to those entitled to them (breach of trust). How is the breach of trust and embezzlement imposed on this case? Why should my husband & his co-workers face any punishment without any fault?
Questions & Answers
UAE

Clearing the judgement of a cheque case and returning to the UAE

Q: Hi, Since 2018, I have cheque case amount of AED 345000. During my absence, the court has sentenced me for 18 months of jail. Now I`m in India. How can I clear with the use of POA and how long will it take to clear? I have to return back to the UAE asap.
Questions & Answers
UAE

How to act against denying a swap agreement by the property developer

Q: I bought a studio apartment in an off-plan project. It took two years more for completion of the project. I already paid 90 per cent of the payment. Now the building is about to complete. I requested if there is any possibility of upgrading the apartment to 1 bedroom. I received a nice deal and swap agreement was signed and a post-dated cheque was given for the remaining amount. Later, the developer is denying and informing us that it was a mistake and we should collect the cheque and the unit agreed cannot be given to you as the given discount was too much. We can again have our studio. We want to know if the swap agreement stamped is valid, We have receipt of the remaining amount of payment. Kindly advise.
Questions & Answers
UAE

استرداد الأموال في حالة تخلف المطور عن تسليم الشقة في الموعد المُحدد

س: السلام عليكم، أنا مواطن سعودي. اشتريت شقة في دبي من شركة وكان الاتفاق حسب العقد المبرم بيننا أن ينتهي التشييد في الربع الأول من عام 2020، ولكن للأسف الشديد لم ينجز سوى 20٪ من المشروع وأريد استرداد أموال من المطور علمًا بأنني دفعت كامل المبلغ خلال الربع الأول من عام 2019.
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Questions & Answers
UAE

How to claim the amount paid for property after cancellation of the project

Q: Salam Alaykum It`s my pleasure to write to you. I hope someone will help me. I am from Iraq but I have swiss citizenship living and working in Switzerland as my wife is from Finland. We suppose that we come to Dubai once a year. In 2008, we decided to buy an apartment with money savings which already belong to my daughter. We paid AED 180000. The unit was in Ajman with a real estate developer under the registration of the Dubai Government. I have no one to help. Wherever I go, they say you have to pay more deposit in order to check your case. I have original all the proofs in Arabic and English. Under the agreement, I should get my unit in 2009. Allah Karim
Questions & Answers
UAE

Property inheritance and closure of business without a will

Q: PROPERTY INHERITANCE Property Inheritance (without a will) and closure of business including recovery and debt payments. I am an Indian. My husband, 44yrs, passed away on 11 Jan leaving behind a business (sole proprietor) that needs to be wound up and a house with a mortgage in his name. The house is currently rented with a tenancy contract ending 31st March 2021. Questions: 1) I want the ownership of the property. How do I do so without applying Sharia law? 2) Can we continue the tenancy contract till the title deed is transferred to my name? Closure of business My husband was running 2 garages under a PROFESSIONAL license as a sole proprietor with payables and receivables overdue; including employees, landlord, and suppliers as well as business loan and credit card debts, etc. 1. Will his liabilities affect my property ownership? 2. Can I get legal help to sell his business/legal license to pay employees and creditors with the help of his sponsor? What are my rights?
Questions & Answers
UAE

How to file for mutual divorce while the wife is outside the UAE

Q: Hi, I want to ask a question about divorce in the UAE. My wife and I would like to get a mutual consent divorce. She has left the UAE and her residency visa sponsored by me has been canceled. She has been out of the UAE for more than a year now. Can I still file for a divorce in the UAE? She is willing to come on a visit visa for court hearings if needed. We do not have any children and no contracts are made, just a Hindu marriage. Can you please advise me if this is possible and the fees, procedures etc.?
Questions & Answers
UAE

What to do with a developer who delayed property handover for ten years?

Q: We invested in a property which is delayed by 10 years. Now the property is ready but the developer is not following the signed SPA and asking to sign a new contract. A few investors won the case against the developer for a full refund but the developer transferred the project to his other company and is not giving the refund. Please suggest what to do. According to the SPA, the developer has to give 1% delay compensation but he is denying and asking money from the investor.
Questions & Answers
UAE

Can I resign from job if I am working under pressure?

Q: Is it possible for me to terminate a contract if I`m working under pressure? I didn`t sign a contract form either and don`t even know the term of my contract.
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Questions & Answers
UAE

Requirements for the second marriage in case of separation from first wife

Q: Hi, I want to marry (divorcee) here in Dubai. I am already married (separated) and my wife and kids are living in Pakistan. Can I do second marriage here in Dubai without the permission of the first wife? I do send monthly expenses back home to my wife. Also what documents would I need for the second marriage? I am from Pakistan and the lady am gonna marry is from India. Would appreciate your guidance. Thanks
Questions & Answers
UAE

How to recover unpaid invoices and goods provided to a client who closed business

Q: I have been supplying goods to a popular retail group in the UAE. They had retail shops in almost all the malls in the UAE. Recently, they ceased operations and closed down all their shops. I have pending payments to collect from them as well as we have a lot of stock lying at their closed down shops. How can I pursue them legally to clear all my dues and take the stocks back? Kindly advise.
Questions & Answers
UAE

Is it possible to negotiate the terms of the fine in bounced cheque cases?

Q: Can the payment terms & bail against fines for bounced cheque cases be negotiated in Dubai?
Questions & Answers
UAE

What to do to increase the amount of old judgement for child maintenance

Q: I got divorced from my husband in July 2012. At the time he was in jail for financial problems so I didn’t file an execution case on him then. I got a job and started supporting our only son. Now I filed for execution case (9 years later). Back then, the judge had awarded AED 800 per month for our son. He is now 13 years old and obviously, AED 800 is certainly not enough! Can I file a case to increase the amount? Would I need a lawyer for that?
Questions & Answers
UAE

What do you need to sell or claim an asset of a family member living abroad?

Q: Hi, I want to sell my father`s car because he can`t come to the UAE due to COVID-19 situation and visa issues for Pakistan. I have tried to get a power of attorney from Pakistan. It just keeps delaying. I don`t know what`s the issue there but till now it`s not happening. For attestation, the authorities are asking to send the documents through TCS (A Pakistan Courier company). Due to which, I am looking if there could be any other way here in the UAE by which I could be able to sell or gain ownership for my father`s asset. If there is any other way through I which can get ownership or authorization, please guide me. I would really appreciate it. Thank you.