Question: I am currently in Dubai on a visit visa. Do I have the right to buy a property here? How do I ensure that the property will be transferred to me after completion?
Answer: You
have the right to buy a property in Dubai even if you are a visitor. Both
resident and non-resident foreigners can buy properties in the designated
freehold areas of Dubai. Article 3 of Regulation No 3 of 2006 Determining Areas
for Ownership by Non-Nationals of Real Property in the Emirate of Dubai
specifies land plots designated as freehold properties. The title deeds are
issued by the Land Department in Dubai.
It is
important to differentiate between buying a property off-plan or a completed
one. The completed properties are more secured than the off-plan ones regarding
completion dates and developers. An off-plan property can be transferred
directly to the purchaser upon payment of the price and the documents can be
signed and Land Department can be approached for registering the purchase.
The law
organises the purchase of off-plan properties through Executive Council
Resolution No (13) of 2008 regarding the organisation of the initial real
estate registry in Dubai. This law imposes some restrictions on the developers
in order to preserve the purchaser’s rights. However, despite this provision,
some problems may raise regarding completion and construction issues.
Before
buying a property in Dubai, the buyer must make sure that the project has an
escrow account and all the papers related to the property are correct and
legal. We also advise that the original title deed should be physically seen
and verified and all the details mentioned in it should be clearly understood.
The buyer can also request the seller or real estate developer to provide a
no-objection certificate (NOC) that confirms to the buyer that the seller or
owner has paid all due fees. The buyer can also run a check with the Land
Department about the status of the project and whether the seller has an
existing mortgage on the property. When the owner is selling a mortgaged
property in Dubai, the transaction becomes slightly complicated. In this case,
the owner must settle the original mortgage on the property in full before
applying for the title deed NOC.
The buyer
must also sign an agreement with the developer, stating the terms and
conditions of the agreement and make sure there are no ambiguities between the
buyer and the seller over the price, mode of payment and other considerations
that are important to both.
Divorce law
Question: I
am having a dispute with my husband and I have a four-year-old daughter. My
husband is outside the UAE for four months now and has neither paid us any
allowance nor has he agreed to divorce me. Do I have the right to file a case
against him while he is outside the UAE? And if the case is filed, will the
court allow a divorce? How can I secure my rights?
Answer: You
have the right to file for divorce, claiming custody and alimony, in the courts
of UAE and request for application of your Personal Status Law or the UAE
Personal Status Law. According to Article (9) of the mentioned law, ‘The courts
of the plaintiff’s or defendant’s domicile, residence or place of business, or
the conjugal domicile, shall have jurisdiction to examine the lawsuits
introduced by the children, wife, parents or the fostering nurse, as the case
may be, in the following instances:
A) Costs, wages and the like.
B) Fostering, visitation and related
matters.
C) Dowry, trousseau, gifts and the like.
D) Divorce, divorce in return of
money, discharge, rescission and separation between spouses of all kinds.’
The court
will grant you a divorce if you have sufficient reasons for it. A child’s
custody is a mother’s right established from the date of birth of the child
until the date determined for the expiration of the custody in accordance with
the provisions of Article 156 of the law, when a male child reaches 11 years of
age and a female child reaches 13 years of age, unless the court decides to
extend this age limit upon the mother’s request for the benefit of the child,
until the male child attains adulthood and the female child marries.
You also
have the right to demand alimony. Alimony is of two types — that which is given
to the wife as a result of divorce, and that which is related to the children
as a result of custody. Alimony for the wife includes dowry, ‘idda’, housing
and also compensation (‘motaa’). For child custody, alimony includes monthly
alimony for the child, expenses for clothing, medical, school, housing, payment
of utility bills, internet, transportation etc. In assessing the amount of
alimony, it shall be taken into consideration the possibilities of the debtor
thereof, the circumstances of the beneficiary and the economic situation, in
terms of place and time, provided it does not fall below the sufficiency level.
Getting a
judgement in UAE will give you the right to execute it here or in the husband’s
new country of residence, in case there is an execution agreement between UAE
and his country of residence.
Mehmood
Shaikhani Group Director of Shaikhani Group clarified, Dubai is seen by
finishing things on ideal time, they think of those thoughts where individuals
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