Suit to invalidate a sales contract in the UAE, A void contract is a contract that holds no legal force and cannot be enforced under the law.

Understanding the fundamental reasons for voiding contracts can help you avoid legal issues and protect your rights.
You can achieve this with the assistance of a specialized law firm, such as Samaha Law Firm.

Did you enter into a sales contract that turned out to be void, and now you want to file a lawsuit to nullify it in the UAE?

In this article, we will explain the best form for a nullification lawsuit in the UAE. You can also learn about the circumstances that require filing a nullification lawsuit for a sales contract in the UAE.

Suit to invalidate a sales contract in the UAE

In sales contracts, both the buyer and the seller have the right to file a lawsuit to nullify a sales contract in the UAE if the reasons for its nullification are revealed in the contract.

If a nullification reason appears in a sales contract that benefits one of the parties, they must file a lawsuit to nullify the sales contract with the competent court.

The lawsuit must be in the form of a statement of claim containing the following information:

1. Name of the court.
2. Details of the plaintiff, defendant, their representatives, and addresses.
3. The subject of the lawsuit, which could be a lawsuit to rescind a sales contract due to non-payment.
4. The facts of the lawsuit, including an explanation of the sales contract, how it was concluded, and the duties that the other party breached.
5. Submission of legal documents that support the rescission of the contract.
6. Submission of the necessary documents to support the claim, most importantly a copy of the sales contract.
7. Requests including the rescission of the sales contract and compensation for damages.
8. The signature and date of the claim must be proven.

Form for a Lawsuit to Nullify a Sales Contract in the UAE

Through Samaha Law Firm, we can provide the best sample form for a lawsuit to nullify a sales contract in the UAE:

To the Honorable Court of…

Plaintiff: … represented by Lawyer …

Defendant: … residing at …

Subject: A lawsuit to nullify a sales contract under UAE law.

Topic: On [Date]…, the defendant organized a sales contract for the person named ……, even though the defendant did not own the sold item.

Since the contract was contingent on the owner’s approval and the owner rejected the sale, the contract was subject to nullification for the owner’s benefit.

A lawsuit to nullify the sales contract was filed within the legally specified period.

This is contingent on both the formal and substantive conditions stipulated by the UAE Civil Procedures Law being met.

Request: In light of the above and for any more valid reasons you may see, we respectfully request your honorable court to issue a judgment:

1. To nullify the sales contract between the defendant … and the plaintiff …
2. To restore the situation to what it was before the contract was concluded.
3. To compel the defendant to pay compensation for the damage incurred by the plaintiff.
4. To compel the defendant to pay all court fees and expenses.

With all due respect and appreciation. Date: … Agent: …

Cases for a Nullification Lawsuit for a Sales Contract in the UAE

A lawsuit to nullify a sales contract in the UAE is based on the premise that a sale is the process of transferring ownership of an item from one person to another in exchange for a specific item agreed upon by both the seller and the buyer.

It is binding on both parties, but the contract must be subject to the general conditions governing the conclusion of contracts in the UAE.

Completing a contract is one of the most essential conditions that cannot be waived to ensure the sales contract is not nullified and to protect the rights of both parties.

The sales contract must contain all the details related to the sale process, including the terms of the agreement, the agreed-upon amount for the sale, and the sale mechanism.

The cases for nullifying a sales contract in the UAE are important matters that, if they occur, result in the contract being voided.

These cases are divided into two types: general cases and special cases.
Each type contains related situations.
In the following paragraphs, we will explain each in detail.

General Cases of Nullifying a Sales Contract in the UAE

The general cases for nullifying a sales contract in the UAE, as stipulated by UAE law, are as follows:

• Lack of complete consent and acceptance between both parties.
  If there is any suspicion of coercion on either party, the sales contract is nullified.
• If any method of fraud or trickery is used to complete the sale and influence one of the parties, the sales contract in the UAE is nullified.
• If one of the parties lacks full legal capacity, whether due to insanity or being a minor, the sales contract can be nullified.
• If the sold item specified in the contract is defective or has perished.

Special Cases of Nullifying a Sales Contract in the UAE

After discussing the general cases that lead to the nullification of a sales contract in the UAE, we can move on to the special cases:

• The sold item has a defect that the seller did not disclose during the sale.
• A person appears who disputes the buyer’s ownership of the sold item.
• Failure to pay the agreed-upon amount during the sale.
• The true purpose of the sale is not genuine, such as the sale being a sham and the item being secretly given as a gift but appearing as a sale.
• The buyer is negligent in taking possession of the sold item or refuses to take possession, which causes damage to the item or harms the seller.
• The seller refuses to hand over the sold item to the buyer despite the buyer having paid the required amount. This results in a fine being imposed on the seller for not adhering to all the terms of the sale.

We have explained some information regarding a lawsuit Suit to invalidate a sales contract in the UAE.
If you need any legal advice concerning the nullification of a sales contract, you should contact us at Samaha Law Firm in the UAE via WhatsApp or Phone.

What is a Revocable Divorce in the UAE? Revocable divorce (Al-Talaq Al-Raj’i) is a type of divorce regulated by the Personal Status Law in the United Arab Emirates.

It refers to a divorce that takes place after consummation of a valid marriage without any financial compensation (i.e., not a khul’ divorce) and without being the third and final divorce.

In this type of revocable divorce, the wife is legally and religiously considered to be in the status of a wife during her iddah (waiting period).

Her husband has the right to take her back without a new marriage contract or dowry, provided that the return happens during the iddah period.

A revocable divorce in the UAE provides a significant opportunity to reconsider the marital relationship and aims to open the door for reconciliation between spouses, especially when their disagreements are solvable.

By contacting Samaha Legal Consultancy, you can find the most suitable solutions for such matters.

Key Features of Revocable Divorce in the UAE

1. Revocable divorce does not end the marital relationship definitively; it only puts it on hold for a temporary period.
2. In the case of a revocable divorce, the husband has the right to take his wife back without her consent during her iddah period.
3. The wife is entitled to financial support (nafaqa) and housing during her iddah period.
4. Revocable divorce can be proven either through a written acknowledgment, witness testimony, or before the competent court.

Conditions for a Valid Revocable Divorce

The Personal Status Law precisely regulates the conditions for a valid revocable divorce to ensure legal clarity for both spouses. For a revocable divorce to be considered sound and valid, the following conditions must be met:

• No Financial Compensation: The divorce must not be a result of a khul’ divorce or for financial consideration paid by the wife, as this would be considered an irrevocable (Bain) divorce, not a revocable one.
• Not the Third Divorce: If this is the first or second divorce, it is considered revocable. However, if it is the third divorce, it becomes a major irrevocable (Bainuna Kubra) divorce, and the couple cannot reunite unless the woman marries and consummates the marriage with another man, and then gets divorced from him.
• Valid and Consummated Marriage: The marriage must be valid and the couple must have consummated the marriage.
• Explicit Wording or Documented Judicial Decision: The divorce must be declared with clear and explicit wording, either verbally in front of witnesses, in writing, or through a competent court to ensure legal documentation.
• Reconciliation Occurs During the Iddah Period: The husband can only take his wife back if she is still within her iddah period. This period is calculated as three menstrual cycles for a non-pregnant woman, three months for a woman who does not menstruate, or until childbirth for a pregnant woman.

A revocable divorce is only valid if the marriage contract met all its conditions and was consummated. In the case of an invalid marriage or non-consummation, the divorce is considered irrevocable (Bain).

If any of these conditions are not met, the divorce is not considered a revocable divorce and is deemed an irrevocable one, which alters the rights and consequences.

By consulting with Samaha Legal Consultancy, you can understand all matters related to these conditions and their legal standing.

 the Legal Effects of a Revocable Divorce in the UAE

When a revocable divorce occurs in the UAE, the marriage contract is not considered completely terminated; it remains temporarily valid during the iddah period.

This leads to several legal consequences that protect the rights of both parties and provide them with an opportunity for reconciliation.

Among these effects are:

1. The Wife Retains Her Status as a Wife During the Iddah Period: A wife who has been revocably divorced is legally and religiously considered to be in the status of a wife, meaning the marital relationship still exists for certain rights and obligations.
2. Right to Return Without a New Contract: Revocable divorce grants the husband the right to take his wife back during the iddah period without a new marriage contract or dowry, provided this is done with witnesses, or by verbally or in writing declaring the return, or through the competent court.
3. Financial Support and Housing: In cases of a revocable divorce, the wife is entitled to full financial support for food, clothing, and housing during her iddah period because the marital relationship has not completely ended.
4. Right to Inheritance: If one of the spouses passes away during the iddah period, the other spouse inherits as if the marriage were still valid, unless the wife had requested the divorce due to harm and this was proven in a judicial ruling.
5. Prohibition of Explicit Betrothal: According to Sharia law, it is not permissible for anyone other than the husband to propose to a woman who has been revocably divorced during her iddah period because she is still legally and religiously in the status of a wife. This protects her from any social or psychological pressure during that time.

If the iddah period ends without the husband taking his wife back, the revocable divorce becomes an irrevocable one, and they can only reunite with a new marriage contract, a new dowry, and the consent of both parties.

 the Role of a Personal Status Lawyer in Revocable Divorce Cases

Revocable divorce is a delicate legal matter that requires a deep understanding of Islamic Sharia and UAE law.

This is where the role of a personal status lawyer in the United Arab Emirates becomes crucial.

Samaha Legal Consultancy is one of the most important firms specializing in personal status cases and has many competent lawyers in this field. The role of a specialized personal status lawyer is essential in protecting and facilitating rights through the following:

• Providing Appropriate Legal Advice: A specialized lawyer, like those at Samaha Legal Consultancy, helps the husband or wife understand the legal situation of divorce in all its aspects, explaining the difference between revocable and irrevocable divorce and their different consequences.
  This enables the parties to make informed and appropriate decisions.
• Handling Legal Procedures and Documenting the Divorce: A specialized lawyer handles the preparation and drafting of the necessary legal documents to document the divorce before the competent Sharia court or other authorities.
  They ensure that the reconciliation procedures are done legally and officially.
• Claiming Consequences of the Revocable Divorce: The role of a specialized lawyer includes following up on claims related to financial support, housing, or temporary maintenance during the iddah period.
  This lawyer works to ensure that the rights of the wife or children are not violated during this stage.
• Representing the Client in Court: In case of disputes regarding the divorce, reconciliation, or the iddah period, the specialized lawyer represents their client before the competent court, presenting evidence and legal arguments that serve the client’s interests within the framework of law and Sharia.
• Facilitating Reconciliation if Possible: In many revocable divorce cases, a specialized personal status lawyer acts as a mediator between the parties to bring their viewpoints closer, especially since revocable divorce allows for reconciliation and favors amicable solutions before a complete separation is reached.

Revocable divorce in the UAE is not an inevitable end to a marriage but rather an opportunity for review and reconsideration.

While the law provides flexibility in dealing with revocable divorce cases, the correct legal guidance from a specialized personal status lawyer, such as those at Samaha Legal Consultancy, remains an essential element for protecting rights. Contact US.

Insurance dispute cases in the UAE are legal matters that require significant expertise and skill due to the variety of insurance companies and the different services they offer.

Various disputes can arise between policyholders and insurance companies, often concerning the refusal to pay claims, delayed compensation, or different interpretations of contract clauses.

Insurance disputes in the UAE pose a major challenge for individuals and businesses, as their unresolved status can have a severe impact on the financial rights of the parties involved.

What are Insurance Disputes in the UAE?

Insurance disputes in the UAE are legal disagreements between a policyholder and an insurance company regarding the interpretation or application of the terms of the agreed-upon insurance contract.

These disputes can be varied and complex. By consulting Samaha Legal Consultancy, you can work to resolve all your insurance disputes, the most common causes of which include:

1. Refusal by the insurance company to pay compensation due to certain exclusions in the contract.
2. Disagreement over the value of the compensation due.
3. Delays in payments from clients or the insurance company.
4. Disagreement over the extent of the damages or the insurance coverage value.
5. A dispute may be simple and resolved amicably, while in other cases, it may be complex, requiring legal intervention in court to resolve some insurance disputes in the UAE.

The Legal Framework for Insurance Disputes in the UAE

To regulate the insurance sector in the United Arab Emirates, Federal Law No. 48 of 2023 was issued to regulate insurance activities.

This law aims to develop the insurance sector and guarantee the rights of all parties.
The law covers all aspects of insurance, from the registration of insurance companies to resolving insurance disputes between companies and policyholders.

Law No. 48 of 2023 applies to all types of insurance in the UAE and also includes specific laws for all forms of insurance disputes. This is in addition to the supervision of the UAE Central Bank, which helps ensure the proper implementation of the laws.

Within this framework, you can contact Samaha Legal Consultancy to understand the correct legal framework for your specific insurance disputes.

Types of Insurance Disputes in the UAE

The types of insurance disputes that may arise between insurance companies and policyholders vary and include:

• Life Insurance Disputes: These are usually caused by the insurance companies’ failure to pay the due insurance amounts in cases of the insured’s death or an accident covered by the policy.
• Health Insurance Disputes: These cases are related to an insurer’s refusal to cover specific medical services or the reduction of financial payments for hospitals and medical services included in the health insurance policy.
• Property Insurance Disputes: These disputes involve damages to insured property, such as fire or theft, and the disagreements are over the valuation of the damages.
• Car Insurance Disputes: This type of dispute is one of the most common. A dispute occurs when the insurance company refuses to cover the cost of vehicle damage or when there is a disagreement regarding responsibility for the accident or the valuation of the damage.

Legal Procedures to Resolve Insurance Disputes in the UAE

To find a solution for insurance disputes, there are many legal methods that can be used.
When you work with Samaha Legal Consultancy, these methods can be used to your benefit. These methods include:

• Amicable Settlement: Most insurance disputes begin with an attempt to resolve disagreements amicably between the parties. At this stage, you can directly contact the insurance company to negotiate the amount or compensation due.
• Arbitration: If an amicable settlement is unsuccessful, both parties can resort to arbitration. An independent arbitrator is appointed to resolve the dispute. This method offers a fast and flexible solution for many insurance disputes in the UAE.
• Litigation: If the dispute persists and an amicable or arbitration-based solution is not reached, the affected party can file a lawsuit with the competent court.

The Role of a Lawyer in Resolving Insurance Disputes in the UAE

A specialized lawyer, such as those at Samaha Legal Consultancy, plays a fundamental role in resolving insurance disputes in the UAE. The lawyer’s important role can be summarized as follows:

• Providing Legal Consultations: A specialized lawyer, like those at Samaha Legal Consultancy, helps the client fully understand their rights according to the terms of the insurance contract.
• Reviewing Documents and Contracts: A specialized lawyer reviews all insurance-related documents to check for any violations.
• Negotiating with Insurance Companies: A specialized lawyer works to reach an amicable settlement with the company to avoid resorting to court.
• Representing the Client in Court: If a suitable amicable solution is not reached, a specialized lawyer takes over the client’s representation before the competent courts.
• Arbitration Procedures: A specialized lawyer helps you with arbitration procedures to resolve insurance disputes outside of court.
• Protecting Rights in All Cases: A specialized lawyer ensures the protection of the client’s rights in cases of delays or refusal of compensation.

By contacting Samaha Legal Consultancy, you can find solutions for all types of insurance disputes in the UAE.

In the legal arena, the defendant often finds themselves in a defensive position, However, UAE Law provides a powerful procedural tool that allows them to turn the tables and achieve comprehensive justice: e Counterclaim in UAE Law.

This action, precisely regulated under the Civil Procedures Law, is more than just a response; it is a mechanism that grants the defendant the right to present counter-claims or claims related to the original dispute within the same case framework.

Are you a party to a legal dispute and wish to assert your rights without the need to file a separate, time-consuming lawsuit? This article is your comprehensive guide to understanding:

• What is the concept of the Counterclaim in UAE Law and how does it contribute to expediting the litigation process?

• What are the most prominent types of counterclaims covering commercial, real estate, and labor cases?

• What are the essential conditions for filing a Counterclaim in UAE Law to ensure its acceptance, particularly regarding its connection to the original lawsuit and legal deadlines?

Continue reading to master the use of this effective legal instrument, which enables you to assert your demands and secure your rights with high professionalism and efficiency.

What is the Concept of a Counterclaim in UAE Law?

A counterclaim in UAE law is a lawsuit filed by the defendant against the plaintiff within the same original case, with the goal of presenting a counter-legal claim or one related to the same dispute.

This legal tool is used in the UAE judicial system to ensure justice for all parties by giving the defendant the right to present their own claims without needing to file a separate lawsuit.

According to the UAE Civil Procedures Law, there must be a close link between the original lawsuit and the counterclaim, either in the subject matter or the right to claim.

A counterclaim is seen as an effective way to save time and judicial effort, as both are decided within the same legal proceedings, ensuring a comprehensive settlement of the dispute.

Read more: How to Prepare a Civil Statement of Claim in the UAE Correctly (Step-by-Step)

What Are the Main Types of Counterclaims?

Counterclaims are divided into several types based on the nature of the dispute and the basis of the legal claim. No matter the type, a specialized law firm like Samaha Legal Consultancy can handle it for you. Here are the most common types of counterclaims that can be filed with the competent courts:

• Contractual Counterclaims: These are filed when there is a dispute between two parties over a specific contract. The defendant can file a counterclaim to assert their rights under the agreement.
• Commercial Dispute Counterclaims: Used in conflicts between companies or business partners. One party might file a lawsuit to claim compensation or enforce obligations, while the other responds with a counterclaim related to the plaintiff’s own breach of the agreement.
• Real Estate Counterclaims: These involve disputes over property ownership or leases. You can file your lawsuit legally and protect your rights by working with a firm like Samaha Legal Consultancy.
• Labor Dispute Counterclaims: These arise from disagreements between employers and employees.
  A counterclaim can be filed by one party to demand financial rights or compensation from the other.
  You can ensure your rights are fully protected with Samaha Legal Consultancy.
• Civil Case Counterclaims: In civil disputes, a defendant may use a counterclaim to challenge the validity of the plaintiff’s claims or to present legally related claims.
• Family Law Counterclaims: In personal status cases, a defendant can file a counterclaim to protect their personal rights.

What Are the Conditions for Filing a Counterclaim?

To file a counterclaim, a number of legal conditions must be met to ensure it is accepted by the competent court. These conditions aim to achieve justice and prevent the abuse of legal rights.

Here are the most important requirements for filing a counterclaim:

1. Connection to the Original Lawsuit: There must be a direct relationship between the counterclaim and the original lawsuit.
   The subject of the counterclaim must be linked to the main dispute between the plaintiff and the defendant.
2. Filing in the Same Court: The counterclaim must be filed with the same court hearing the original lawsuit. This prevents conflicting judgments and helps expedite the resolution of the dispute.
3. Timely Filing: A counterclaim cannot be filed at any time; it must be submitted within the period allowed by UAE law, which is typically during the response phase to the original lawsuit.
   If the defendant is late in filing, the court may lose its jurisdiction unless acceptable legal reasons for the delay are provided.
   A firm like Samaha Legal Consultancy can help you file your counterclaim within the proper legal deadline.
4. The Defendant Must Have a Legal Interest: The defendant must have a genuine and legitimate legal interest in filing the counterclaim, meaning they have suffered a real harm or are defending a legal right.
5. Fulfilling Legal and Procedural Requirements: The counterclaim must meet all legal formalities and procedural requirements for any lawsuit. By working with Samaha Legal Consultancy, you can ensure all requirements are met, such as:
   • Submitting the counterclaim statement according to the same rules as the original lawsuit.
   • Paying the required legal fees.
   • Including all evidence and supporting documents for the defendant’s claims.
6. The Purpose is Not to Obstruct Justice: The counterclaim should not be a means to prolong litigation or delay the original case.
   If the court finds that the defendant filed the counterclaim to obstruct the judgment, it may be rejected or legal penalties may be imposed.

the Counterclaim is a critically important procedural tool that ensures comprehensive justice.
It allows the defendant to shift their position from defense to offense, presenting their legal claims within the framework of the original dispute.

We have explored how the forms of this action vary, covering real estate, commercial, and civil cases, and how adhering to the conditions for filing (such as the connection to the original lawsuit and timely submission) is key to its acceptance.

To ensure all legal and procedural requirements for your counterclaim are met and to avoid any formal rejection, you must seek specialized legal expertise.

Contact the Samaha Legal Consultancy Office today, We will provide you with full support in drafting and submitting your counterclaim within the legal deadline, ensuring the maximum protection of your rights in the UAE courts.

Do not hesitate to secure your legal rights. Contact us to learn more about how to successfully file a Counterclaim in UAE Law!

A Claim for Delivery in the UAE can be defined as a lawsuit filed by one party to a bilateral contract to compel the other party to deliver the contracted subject matter.

What is a Claim for Delivery  in the UAE?

The Claim for Delivery in the UAE arises from contracts concluded between two parties, which generate contractual obligations that both parties must fulfill.

One party executes their obligation, which results in a corresponding obligation for the other party—specifically, the obligation to deliver the contracted item. Examples include:

1. Sale Contract: The buyer has the right to file a Claim for Delivery in the UAE against the seller if the buyer has paid the price of the item but the seller refuses to deliver the sold item, whether it is real estate or movable property (chattel).
2. Lease Contract: The tenant has the right to file a Claim for Delivery in the UAE against the landlord (lessor) if the tenant has paid the rent but the landlord has not delivered the leased property for the tenant’s benefit.

The Claim for Delivery most frequently appears in sale contracts, as they are among the most important named contracts that generate mutual obligations between the parties, in accordance with the provisions of the Sale Contract within the Civil Transactions Law.

The Claim for Delivery in the UAE is filed by the buyer against the seller to compel delivery of the sold item (whether real estate or movable property),
relying on the concluded sale contract and the buyer’s fulfillment of the resulting obligations, which is the payment of the price for the sold item.

By consulting a specialized law office like Samaha Law Firm for Legal Consultations, you can learn all the legal details concerning filing a Claim for Delivery in the UAE.

What are the Conditions for a Claim for Delivery in the UAE?

The conditions for a Claim for Delivery in the UAE are as follows:

1. The plaintiff in a Claim for Delivery must fulfill their obligations towards the other party to be entitled to demand delivery.
2. The plaintiff may withhold their own performance unless the other party performs the obligation incumbent upon them.
   For example, the buyer has the right to withhold payment until the seller delivers the sold item.
3. The Claim for Delivery must be filed by a person with the legal capacity of a plaintiff; meaning they are the rightful owner of the item claimed, or their legal representative, such as Samaha Law Firm for Legal Consultations.
4. The plaintiff must be legally qualified to file the Claim for Delivery in the UAE.
5. The plaintiff must have a legal interest in filing the Claim for Delivery in the UAE.
6. The Claim for Delivery in the UAE must be filed within the prescribed legal period before it is barred by prescription (statute of limitations).
   >By contacting a specialized lawyer like Samaha Law Firm for Legal Consultations, you can file the Claim for Delivery in the UAE within the specified legal period.

What are the Defenses Available to the Defendant in a Claim for Delivery in the UAE?

The defenses that can be raised in a Claim for Delivery in the UAE, often through a specialized law office like Samaha Law Firm for Legal Consultations, are varied.

Below are some examples, noting that rulings from the Court of Cassation (Al-Naqd) regarding claims for delivery can also be utilized:

• 1. The non-performance of contractual obligations by the other party can be argued by the defendant in a Claim for Delivery in the UAE. For instance, the argument may be raised by the seller that the item was not delivered because the agreed-upon price was not paid by the buyer.

  2. In filing a Claim for Delivery in the UAE, the lack of jurisdiction of the court where the claim was filed may be argued by the defendant, especially concerning real estate delivery claims, which must be filed before the court in whose circuit the disputed property is located.

  3. When a Claim for Delivery in the UAE is filed, the invalidity of the lawsuit procedures or the invalidity of the notification to the defendant may be argued by the defendant.

  4. When a Claim for Delivery in the UAE is filed, fraud or forgery may be argued by the defendant, along with the fact that a criminal case concerning the sale contract has been filed before the competent Criminal Court. This necessitates a suspension of the civil case until the criminal case is decided, applying the judicial principle that “the civil is held in abeyance by the criminal.”

  5. When a Claim for Delivery in the UAE is filed, the nullity of the sale contract upon which the plaintiff based their claim for delivery may be argued by the defendant, or it may be argued that the sale contract is simulated (sham) and that a real, concealed contract exists.

  6. When a Claim for Delivery in the UAE is filed, the nullity of the sale contract due to one of the grounds for annulment stipulated in the Civil Transactions Law, such as deceit, fraudulent misrepresentation, or mistake (error), may be argued by the defendant.

Can a Claim for Delivery in the UAE be Barred by Prescription?

In sale contracts, the buyer must file the Claim for Delivery in the UAE before it is barred by prescription.

The claim is time-barred after one year if the reason for non-delivery is related to warranty against eviction or warranty against hidden defects.

Furthermore, a Claim for Delivery in the UAE is barred by the long prescription period,
which is 15 years from the date the contractual obligation arose.

What are the Reasons for the Rejection of a Claim for Delivery in the UAE?

The reasons for the rejection of a Claim for Delivery may be procedural, such as:

1. Filing a lawsuit by a person lacking legal standing (lacking capacity/authority).
2. Filing the lawsuit before a court without jurisdiction.

The reasons for rejection may also be substantive, such as:

3. The failure of the plaintiff to prove their allegation.
4. The defendant presenting defenses that the plaintiff failed to perform their reciprocal contractual obligations.

By contacting Samaha Law Firm for Legal Consultations,
you can learn all the legal defenses related to filing a Claim for Delivery in the UAE.Contact Us.

Statement of Claim for Estate Partition in the UAE Heirs must divide the inheritance through full agreement among themselves and according to the provisions of the UAE Personal Status Law. In case of disagreement, any heir can file a Statement of Claim for Estate Partition in the UAE before the competent court.

Statement of Claim for Estate Partition in the UAE

A Statement of Claim for Estate Partition in the UAE is the pleading document submitted by one of the heirs demanding the division of the inheritance between themselves and the rightful heirs after the death of the deceased.

The Emirate of Dubai issued Decree No. 25 of 2023 establishing the Estates Court in the Emirate.

The creation of this court is a significant legislative measure, as it shortens litigation procedures for estate partition claims and ensures their speedy resolution, instead of having them distributed across multiple judicial bodies due to the application of specialized subject matter and territorial jurisdiction rules.

This specialized court consists of First Instance and Appeal Circuits, with litigation proceeding through two levels. Heirs must submit the request for estate division to the administration of the Estates Court.

The Dubai Estates Court Law introduced a new role, the Preparatory Judge, whose responsibilities regarding the Statement of Claim for Estate Partition in the UAE include the following:

1. The Preparatory Judge reviews requests for inheritance division.
2. The Preparatory Judge opens and manages the estate file until it is divided among the heirs or referred to the competent circuit.
3. The Preparatory Judge inventories and liquidates the inheritance, then presents, proposes, and finalizes the settlement and partition among the legal beneficiaries.
4. The Preparatory Judge appoints a guardian over the inheritance, upon the request of the heirs or on their own initiative.
5. The Preparatory Judge prepares estate lawsuits before presenting them to the court.

With the help of a specialized lawyer, such as Samaha Legal Consultants Office, regarding the Statement of Claim for Estate Partition in the UAE, you can understand the Preparatory Judge’s legal tasks and the subsequent legal details to secure your rightful share in the inheritance division.

When to File a Statement of Claim for Estate Partition?

A Statement of Claim for Estate Partition in the UAE can be filed after meeting the following conditions:

1. The deceased (the ancestor) must have died in reality or by judicial decree.

2. The heir must meet the conditions for inheritance (i.e., not be legally prevented from inheriting).

3. One of the legal heirs must file the claim.

4. The filer must attach an inventory of the inheritance and a listing of the legal heirs by providing data extracted from the civil registries showing their kinship and that they are actual heirs. Contacting Samaha Legal Consultants Office helps you complete these procedures in the appropriate legal manner.

5. The claimant must meet the general conditions for a claim when filing, which are Standing (Al-Sifah), Capacity (Al-Ahliyyah), and Interest (Al-Maṣlaḥah).

6. The claimant must file the claim with the competent judge in the Estates Court in Dubai, known as the Preparatory Judge.

What are the Essential Elements of a Statement of Claim for Estate Partition in the UAE?

There are essential elements that must be mentioned in the Statement of Claim for Estate Partition in the UAE, which are:

1. The details of the Plaintiff in the claim. If they are acting as a representative for some heirs, such as a specialized lawyer like Samaha Legal Consultants Office, they must present their power of attorney.
2. The details of the Defendants in the claim, who are the heirs refusing the partition.
3. The subject matter of the lawsuit, which is the demand for the partition of the inheritance.
4. The facts of the lawsuit, which include a full explanation of the heirs’ right to the inheritance and the necessity of its partition among them.
5. Attaching the required documents, which include the deceased’s death certificate, an inventory of the inheritance, and a listing of the rightful heirs.
6. Listing the Plaintiff’s demands (relief sought).

7. The Plaintiff or their legal representative (e.g., Samaha Legal Consultants Office) must sign the claim and include the date they drafted it.

What are the Steps for Filing a Statement of Claim for Estate Partition in the UAE?

The steps for filing a Statement of Claim for Estate Partition in the UAE, specifically in the Emirate of Dubai according to Decree No. 25 of 2023 concerning the Dubai Estates Court Law, are as follows:

1. The Preparatory Judge receives the claim.
2. The Preparatory Judge reviews the request, opens an inheritance file, and ensures that all heirs are inventoried.
3. The Preparatory Judge proposes a settlement to the parties of the claim. If they agree, he/she draws up a settlement agreement and all parties sign it.
4. The Preparatory Judge must certify and authenticate the settlement agreement, which grants it the force of an enforceable deed. Each party receives a copy, and the court retains a copy.
5. If the parties cannot reach a settlement, the Preparatory Judge must issue a decision stating the failure of the settlement and clarifying the legal classification of the disputed case.
6. The concerned parties must, within one month from the date of the Preparatory Judge’s decision of no settlement, file the Statement of Claim for Estate Partition before the court in its complete legal form. The assistance of a specialized lawyer like Samaha Legal Consultants Office helps them complete these procedures correctly.
7. If the one-month period expires without the parties filing the lawsuit, the Preparatory Judge may take appropriate action, such as issuing a decision to close the inheritance file. This decision does not prevent the re-filing of the lawsuit later.
8. If the concerned parties file the lawsuit before the court, the Preparatory Judge will set a session for the parties to appear before the First Instance Court within a period not exceeding 45 days from the date of filing.
9. The competent First Instance Circuit of the Estates Court will hear the case and issue a decision that is appealable before the Appeal Circuit.

Who Files the Statement of Claim for Estate Partition in the UAE

The Statement of Claim for Estate Partition in the UAE must be filed by one of the heirs or their legal representative, such as Samaha Legal Consultants Office, to meet the condition of Standing in the lawsuit; otherwise, the claim will be dismissed. Contact Us.