Legal world

16/11/2018

INHERITANCE IN UAE
In the UAE, inheritance for Muslim nationals is guided by Sharia Law, while the law of the deceased’s home country can be applied for non-Muslim expatriates. Sharia is not a codified law and is capable of adoption, development and further interpretation.
1-Definition.
Inheritance is an imperative devolution of property and pecuniary rights upon the death of their owner to their beneficiaries.
2-Elements.
1. The legator.
2. The inheritor.
3. The inheritance.
3-Condition.
In this paragraph I want to emphasize on conditions which are required for entitlement to inheritance:
• Death of the legator in realty or by a judgement.
• The real or discretionary survival of his inheritor at the time of his death knowing the sides of inheritance.
4-Impediment.
In this paragraph I want to emphasize on the impediments to inheritance:
• Murdering the devisor intentionally whether the murderer is a principal perpetrator, or a causative accomplice.
• Murder must be committed without legal cause or excuse and the murderer must be of sound mind and of legal age.
There shall be no inheritance if there is a different religion. If two or more persons who are allowed to inherit one another die but it is not known who die first, no one of them shall be entitled to inherit from other’s succession.
5-Shares and their Holders.
1. Definition of Fard: A fixed share for the inheritor in the succession.
2. Fixed shares: A half, a fourth, an eight, two thirds, one sixth, the third of a reminder.
3. Persons entitled to fixed shares: Parents, the spouses, the paternal grandfather, the grandmother, daughters, the son’s daughters, sister in general, the uterine brother.
• Entitled to the half:
o The husband provided that there is no inheriting descendant for the wife.
o The daughter provided that the decedent has no child, male or female.
o The daughter of the son however low in lineage provided that the decedent has no son, that there is no son’s son equal to or higher than her in lineage.
o The full sister if there is no brother, no other sister, no descendent inheriting the decedent, no father, or no paternal grandfather.
o The paternal sister if she is alone, or if there is no paternal brother, no brother, no sister, no descendant inheriting the decedent, no father or no paternal grandfather.
• Entitled to the fourth.
o The husband if there is a decedent inheriting the wife.
o The wife even if there are several wives and if the husband has no inheriting descendents.
• Entitled to eighth.
o The wife even if there are several wives and the husband has an inheriting descendent.
• Entitled to two thirds.
o Two daughters or more if the decedent has no son.
o The two daughters of the son however low in lineage if there is no bodily son of the decedent, or a son’s son equal to them in degree, or a son’s son higher than them.
o Two sisters or more if there is no brother or a descendent inheriting the decedent or father or paternal grandfather.
o Two paternal sisters or more if there is no father, brother, sister, descendents inheriting the decedent, father or paternal grandfather.
• Entitled to the third.
o The mother when there is a descendent inheriting the decedent and there are not two or more of brothers or sisters in general. Unless the here inheritance is limited to one spouse and the father, she shall be entitled then to remainder of the third.
o Two or more of the mother´s sons if there is no descendent inheriting the decedent, or father or paternal grandfather. In this case, inheritance shall be divided equally, males and females having equal shares.
o The paternal grandfather if he has full brothers or paternal brothers or if both number than two brothers, or an equal number of sisters and there is no heir with a fixed share.
• Entitled to the sixth.
o The father if there is an inheriting descendent.
o The paternal grandfather in the following cases:
 If there is a descendent inheriting the decedent with him.
 If there are heirs entitled to fixed shares with him and his share falls below one sixth or the reminder of a third, or nothing is left over from them.
 I f there is an inheritor with a fixed share or if there are more than two brothers or equal sisters, full or paternal, and the sixth is better for him than the remainder of the third.
o The mother in the presence of inheriting descendents, two or more brothers and sisters in general.
o The real grandmother however high in lineage, one or more, provided that no inheritor excludes her from inheritance.
o The son’s daughter whether there is one or more, however low her father is in lineage, in the presence of one own daughter or the son’s single daughter high in degree, if there is no son or son’s higher than or equal to her in degree.
o The paternal sister, one or more, in the presence of the single sister if there is no descendent inheriting the descendent inheriting the decedent or father or paternal grandfather or full or paternal brother.
o One maternal brother or sister if there is no descendent inheriting the decedent or father or paternal grandfather.
• Entitled to the reminder of the third:
o The mother in the presence of one spouse and the father, if there is no descendent inheriting the decedent or two or more brothers or sisters in general.
o The paternal grandfather if there are heirs entitled to fixed shares or more than two brothers or equal sisters, full or paternal, and if the reminder of the third is better for him than the sixth.
6-Agnate.
6.1-Definition. An agnate is a person descended from the same male ancestor as another specified or implied person, especially through the male line. There are 3 types of agnates:
• Agnates by themselves.
• Agnate by himself
• Agnates by others.
• Agnates with others.

6.1.1-Agnates by themselves.
Agnates by themselves are four sides some of which have presence over the other according to the following order:
1. Filiation including the sons and the son’s sons however low in lineage.
2. Paternity including the father and the paternal grandfather however high in lineage.
3. Fraternity including full or paternal brothers and their sons however low in lineage.
4. Paternal unclehood including the decedent’s uncles, parental or paternal, his father’s uncles, the full or paternal uncles of the paternal grandfather however high in lineage, and the sons of the full or paternal uncles however low in lineage.
6.1.2-Agnates by himself.
An agnate by himself shall be entitled to the succession in the absence of heirs entitled to fixed shares and to the reminder of the succession in their presence, while to nothing if the fixed shares exhaust the succession.
1. Precedence shall be given to the agnate who is the most precedent in the order mentioned hereof, then to the closest in the degree of kinship to the decedent when considering the lineage side, then to the strongest in the degree of kinship in case of equality in the degree.
2. Agnates shall share in entitlement to their share of the succession when they are of the same side and equal in the degree and strength of kinship.
6.1.3-Agnates by others:
1. One daughter or more with one or more sons.
2. The son’s daughter however low in lineage whether one or more, in the presence of one son’s son or more whether he is equal to or lower than her in degree if she needs him, bt he shall exclude her if he is higher.
3. One full sister or more with one full brother or more.
4. One paternal sister or more with one paternal brother or more.
6.1.4-Agnates with other:
• The full or paternal sister, whether one or more, with the daughter or the son’s daughter, whether one or more. In this case, she shall be equal to the brother in deserving the remainder and excluding the other agnates.
7-Inheritance by Judgement. The lost person shall be allocated his share from the estate of his inheritance according to the judgement on his life. If he appears alive, he shall take his share. I f he is adjudged dead, his share shall be restituted to his inheritor entitled to it at the time of judgement.
Furthermore, gestation shall be allocated from the inheritee’s estate the share of two males or to females, whichever is greater, on the assumption that it is twins. The remaining inheritors shall be given the lesser of the two shares. After delivery, the estate shall be distributed according to legal shares.
8-Takharuj (refuse the inheritance).
8.1-Definition. Takharuj is an agreement under which some inheritors refuse their known shares of the succession to others for a known consideration.
8.2-Enforcement.
• If one inheritor agrees to refuse his share to another, the latter shall deserve his share and replace him in the succession.
• If one inheritor agrees to refuse his shares to the other inheritors, the shares of the refusing inheritor shall be deducted from the original question while the remaining shares shall remain unchanged if the amounts paid to him are from the succession.
9-Questions
After reading the principal features of the inheritance in UAE, I want to reply some common questions that we all ask ourselves but are not sure about the regulations in UAE.
9.1-Can a surviving spouse access the joint bank account?
This is a big question in the UAE. A surviving spouse will not have immediate access to the money in bank accounts in the UAE, or even bank accounts held jointly in the names of both spouses. The assets in due course, be distributed by the Courts in accordance with Sharia Law and this could take months. Under Sharia rules, the bulk of assets belonging to the husband may pass to certain family members, with the wife only taking a portion of the state.
9.2-How can assets and family be protected?
In 2015, a new rule was enacted about the succession and inheritance matters. The new rule, crate legal certainly for the inheritance of an individual’s assets after death and the appointment of guardians for their children. As we can understands the new rule, it not only allows individuals to have testamentary freedom to dispose of their assets as they wish, it also provides peace of mind that an individual’s estate will be distributed according to their wishes. So this new rule provides a simple and efficient mechanism for non-Muslim citizens.

15/11/2018

http://www.united-advocates.com

11/12/2017

Under which situations there is no Labour Ban?
If you fall under below categories, you may not have a labour ban:

UAE Nationals will not have labour ban or immigration ban.
If you are joining an oil company.
If you are joining Government or Semi-government organisation.
If you are changing jobs within the same Free zone.
If you have completed your contract term under limited contract.
If you have completed 3 years of service under unlimited contract.

Read more: http://emiratesdiary.com/uae-tips/types-bans-uae
Follow us: on Twitter | emiratesdiaryuae on Facebook

11/12/2017

Under which situations there is no Labour Ban?
If you fall under below categories, you may not have a labour ban:

UAE Nationals will not have labour ban or immigration ban.
If you are joining an oil company.
If you are joining Government or Semi-government organisation.
If you are changing jobs within the same Free zone.
If you have completed your contract term under limited contract.
If you have completed 3 years of service under unlimited contract.

Read more: http://emiratesdiary.com/uae-tips/types-bans-uae
Follow us: on Twitter | emiratesdiaryuae on Facebook

Lifetime ban in UAE,What are the types of bans in UAE,Ban in UAE,Labour Ban in UAE,Immigration Ban,One Year Ban,Residency Ban,How to avoid ban in Dubai

23/07/2017

Contrary to popular belief, Noted that many expats prefer to go through the UAE's court system to process their divorce, as it is often faster and in the long run, economical than returning to their home countries.
For many people, a divorce is the last resort when facing a failed - or even abusive - marriage. But many expats remain unaware of how divorce proceedings work in the UAE, with questions ranging from what courts have jurisdiction, to what constitutes appropriate grounds for divorce and perhaps most importantly, how child custody is determined.

That expats in the UAE have a choice when it comes to what laws and regulations will govern their divorce.

"Expats who were married outside and are currently residents of the UAE have a choice, in which they can choose the jurisdiction of the UAE, or go to their home country," he explained. "Should they choose jurisdiction here, they have two choices. If they are non-Muslim, they can have divorces filed and completed under their own religious personal laws, or they may choose the UAE's civil procedures."

In the case of Muslim expats, Mehta added, Sharia law is applicable. Non-Muslims, however, can apply their own religious laws, provided they provide the court with a notarised, legalised version of their country's laws, translated in the UAE by an approved translator and approved by the Ministry of Justice.

Contrary to popular belief, Mehta noted that many expats prefer to go through the UAE's court system to process their divorce, as it is often faster and in the long run, economical than returning to their home countries.

"I've seen a lot of people who want to do it in the UAE. It's faster to get done here," he said. "Otherwise, they might have to travel back home, as they might have to appear (in court). For example, it would take much longer in India than in takes in the UAE. People may not wish to incur the travel costs or take leaves from their employment."

In some cases - particularly in Dubai - Mehta noted that the court could finish the proceedings in mutually agreed divorces in as little as a few weeks.

"It can be a matter of one week. After that, another one to two weeks to get your judgment," he said. "Most countries take far too long compared to the UAE."

What constitutes grounds for divorce? According to Mehta, a variety of reasons, ranging from physical abuse and mental torture to desertion and adultery, all constitute valid reasons for divorce.

In some cases - such as adultery - also constitute grounds for criminal proceedings in the UAE. "Adultery is grounds for divorce in every faith, every religion's laws. Adultery is a very common reason, so if it happens, (one) can ask for divorce based on that," he noted. "But if proven, it is a serious offence under the UAE Penal Code."

The Burden of Proof

In cases of contested divorce - in which one party doesn't agree to the divorce - grounds must be proven. "If a man wants a divorce from his wife, and she doesn't, he can check the law he's chosen, and under that law see what are the requirements and grounds to seek divorce," Mehta noted.

Claims of physical abuse, for example, must be backed up medical reports or witnesses. "For instance, if the wife is physically abusive, he (needs to) prove that she beats him and is violent. His claim is not good enough alone - he has to prove that like with a medical report obtained from a medical professional," he said. "If he doesn't have these, he can provide two male witnesses who know him, and have seen the wife beating him on several occasions... if the wife had made a similar claim, she must also have a medical report and two male witnesses."

"If he has one male witness and one female witness, that female is considered half a witness. He must then bring two female witnesses," he added. "Having said that, I would make a qualification here. Whether it's two male witnesses, or one male and one female witness, two male witnesses is normal practice. It's up to the digression of the judge whether he wants to consider the female (as a full witness)."

What happens to the children?

In some cases, one of the parties in a divorce may threaten to leave the UAE with their children. Mehta noted that the concerned parties have legal steps they can take to prevent that from happening. "You have to obtain a travel ban from the court for the child," he said. "As a parent, you can seek that order from the court. They provide that."

When it comes to custody battles over children, That UAE judges first leave it to the parents to attempt to come to an agreement. "If they fail, that's when the judge steps in. He would grant custody to one parents and visitation rights to another. A judge will never deny visitation rights, unless there are severe reasons," he explained. "If the child is grown-up, his or her wishes can be taken into account and they can choose which parent gets custody."

23/07/2017

An Indian worker, who has been in coma since 2015 after a road accident in Abu Dhabi, was repatriated back home on Tuesday after receiving Dh2.4 million in compensation.
When Chithiravel Vinaitheertha Udaiyar, 37, left India for Abu Dhabi the last time, his only daughter was only three months’ old. When he arrived in his hometown of Namakkal in Tamil Nadu, she was meeting him for the first time after that.
“The four-year-old girl has not understood what it means for someone to in coma. She simply stared at him,” Udaiyar’s younger brother, Ganeshan, told Gulf News on phone from India on Wednesday.
He was straightaway taken to a hospital in Namakkal, but doctors said a return to normal life was almost impossible. “The little girl still does not know that,” said Ganeshan Udaiyar.
Chithiravel, an assistant electrician, met with an accident while travelling to work in Abu Dhabi in 2015, the brother said. He has been in coma since then and had been treated at a public hospital in Abu Dhabi.

Following the intervention by the state and central governments in India, officials of the Indian Embassy in Abu Dhabi visited him at the hospital, but it was not possible to repatriate him without getting compensation for his medical condition, said Dinesh Kumar, counsellor, Community Affairs at the embassy.
He said the insurance company was not willing to pay the compensation, hence the embassy pressured the employer to file a court case against the insurance company. “We were regularly following up the case and finally the court verdict came in his favour,” Kumar said.
The worker’s brother said although the family was very sad about his medical condition, the compensation has given them hope about the future of his wife and only daughter. “We will ensure that she [the daughter] gets good education,” Ganeshan said.
He said another brother also worked with the same company in Abu Dhabi. Initially, he was looking after Chithiravel at the hospital. “Later Chithiravel’s company took me to Abu Dhabi on a visit visa to take care of him. We are grateful to the company and the embassy for their help and support,” Ganeshan said.
A non-government organisation (NGO) that took up the case of Chithiravel with the Indian government said the case would help raise awareness among migrant workers about their rights. “The vehicle involved in the accident was insured, which helped him get the compensation,” sister Josephine Valarmathi of Migrants Forum in India told Gulf News on phone.

17/07/2017

The Public Prosecution appealed against the verdict and demanded that he be deported in accordance with the law.
The Sharjah Federal Court of Appeal has ordered a 54-year-old Arab man to pay a fine of Dh5,000 on charges of insulting his wife through WhatsApp. He will also be deported after paying the fine.

Eman bin Sabt, lawyer and legal advisor, said that the Court of Misdemeanours earlier sentenced the husband in absentia to pay a fine of Dh5,000 for the insulting words he sent to his wife after a fight between them. He left the house after the fight, but continued to insult his wife through WhatsApp messages, following which she took legal action against the man.

The Public Prosecution appealed against the verdict and demanded that he be deported in accordance with the law.

The lawyer said that the court issued a ruling to add deportation to the initial verdict.

[email protected]

10/07/2017

The Asian man and the woman were prosecuted by authorities after they were caught alone in an apartment
A pair that was convicted of beautifying a sinful act, after they were caught alone in a closed place, had their one-month-jail sentence confirmed by UAE's top court.

The Federal Supreme Court in Abu Dhabi upheld earlier rulings by lower courts that handed down the sentences to the Asian man and woman after they were found guilty of beautifying the sin.

Official court documents stated that the Asian man and the woman were prosecuted by authorities after they were caught alone in an apartment located in a northern emirate despite them not being married or related to each other which is against the Sharia law.

Prosecutors had charged them with "beautifying the sin", by staying alone in a closed place without a legal connection between them.

The Court of First Instance had sentenced the pair to three months in jail after they were found guilty of committing the offence. The sentence was however reduced to one month in jail by the Appeal Court. Court also ordered for their deportation.

The Asians went on to challenge the verdict to UAE's top court denying any wrong doing and saying that they were wrongly convicted. The pair told court that there was no evidence to prove that they were alone in an apartment.

The Supreme Court, however, rejected their appeal and convicted them based on the evidence presented by prosecutors which show that they were found alone in the apartment. The pair had also confessed to committing the crime during police interrogation.

The offence of beautifying a sinful action comes from the UAE penal law, section 5, article 312, paragraph 3, under the title, "Crimes that affect religious beliefs and practices".

In Sharia, a woman and an unrelated man being together in a place where no one can see them, has been prohibited because it gives way to suspicion, and temptation to sin, according to court.

30/03/2017

Dubai: Indian passport holders with a valid American visa or a Green Card will now be eligible to obtain a UAE visa on arrival, as per the decree approved by the UAE Cabinet, it was announced on Wednesday.
The visa will be valid for 14 days, with a single extension possible for a fee.
The decision to have a simplified visa process is aimed at advancing the UAE-India relations in economic, politics, and trade. It also contributes to achieving UAE’s vision to be the leading country in attracting global tourism.
“Citizens of the Republic of India who are holders of normal passports with a six-month, or more, valid green card or visa issued by the United States of America shall be granted entry visas to the UAE from all ports for a period of 14 days, subject for a single renewal for the same period upon payment of applicable fees,” an official statement said.
According to latest figures, the UAE-India trade has grown to around $60 billion (Dh220 billion) per annum, making India the second largest trading partner of UAE. The UAE exports to India totalled $27 billion (Dh99 billion) while Indian exports to UAE totalled $33 billion (Dh121 billion).

India is investing about $70 billion (Dh257 billion) in the UAE through 45,000 Indian companies, while the UAE is investing $10 billion (Dh36 billion) in the Indian sectors of energy, metallurgical industry, services, technology and construction. A number of UAE companies invest and operate in India such as Abu Dhabi Investment Authority (ADIA), Abu Dhabi National Energy Company (ADNEC), Emaar, and Dubai Ports World (DPP), which currently operates in six major ports in India.
The number of Indian tourists coming to the UAE last year reached about 1.6 million Indian tourists, and there were about 50,000 UAE tourists who visited India in the same year. There are about 143 flights a day between the UAE and Indian cities, at a rate of 1000 flights per week.
Strong bonds of friendship between UAE and India have found clear expression in the series of high-level bilateral visits between the two countries in the past two years, The move of granting entry visas to the UAE aligns itself with the close cooperation between the two countries.
Deep historical ties between the UAE and India were further accelerated by the visit of Prime Minister Narendra Modi to the UAE in 2015, which was the first visit by an Indian Prime Minister after 34 years.
The UAE reciprocated with an official visit where His Highness Shaikh Mohammad Bin Zayed Al Nahyan, Crown Prince of Abu Dhabi and Deputy Supreme Commander of the UAE Armed Forces, met Modi in the Indian capital, New Delhi in February 2016 to discuss ways to strengthen the cooperation and friendship between the two countries.
In January 2017, Shaikh Mohammad was the chief guest of India’s 68th Republic Day celebrations, which marked a momentous occasion in relations between India and the UAE and saw the signing of 14 wide-ranging agreements including a strategic comprehensive partnership and deals on defence and maritime cooperation. The agreements added a new momentum to their deepening bilateral engagement.
Other countries
Currently, citizens of 47 countries apart from the GCC nations, can get visa on arrival. Citizens of the following countries do not require advance visa arrangements to enter the UAE and can obtain a visa upon arrival for 90 days:

12/02/2017

What should an employee do when faced with an employer who has not paid his/her salary on time?

What to do when employer fails to pay salary in time
Official on what action to take in case of violation of terms of contract - including vacations, overtime and gratuity.

Also, in case of violation of terms of contract concerning vacations, overtime, or gratuity, what course of action can an employee take?

An official at the Ministry of Labour states that an employee has the right to file a complaint against the employer.

This can be done through the ministry's website www.mol.gov.ae.

The employee can also call the toll-free number 800665, which allows him/her to file a complaint or to inquire about all his rights guaranteed by the Labour Code.

The employee can also e-mail the complaint to [email protected].

The Ministry of Labour official also clarified that its call centres are equipped to offer a wide variety of services to employees and employers.

Call centres are equipped to give information on procedures and laws, including the wage protection system (WPS), housing requirements for workers and working hours.

Employees can also track their complaints on the website.

Through a service called e-natwasal, available on the website, an employee can review his labour contract and make a photocopy of it.

Role of MoL

The official stated: “In case of receiving a complaint the MoL will summon the parties and hear their points of view and try to reach a satisfactory solution for both.

“If the ministry cannot reach a solution it will refer the case to the Labour Court.

The Mol eases the measures for laborers to file cases where the MoL briefed the procedures in one single action after it was based on three steps.”

The Ministry of Labour offers services in several languages including Arabic, English, Russian, Filipino, Hindi, Somali, Afghan, Persian, Punjabi, Malayalam and Tamil.

Cassation Court verdicts

Verdicts of the UAE’s Courts of Cassation affirm that nonpayment of salaries in the proper time is considered arbitrary dismissal, which then requires compensation.

Also the Courts of Cassation confirm that an employee who is forced to resign because of non-payment of his wages for more than two months is deemed to have been unfairly dismissal by the employer.

Where the employer fails to pay the worker's wage and in such case it is a breach of contractual obligations, the employee should be compensated by the equivalent of 3 months’ basic salary.