The Sharjah real estate market is at its boom. A great number of investors, developers, brokers, expatriates, and residents are turning towards it. The opportunities always come with challenges. Therefore, property or real estate disputes are very common.
Understanding how to open a real estate case in Sharjah is integral. It involves certain legal procedures, steps, documentation, and coordination with authorities. The role of Law firms in Sharjah is inevitable. They handle disputes related to property handovers, delayed projects, tenancy issues, fraudulent transactions, breach of contracts, and more.
The legal clarity and preparedness are instrumental. The seasoned Lawyers in Sharjah are experts in handling cross-emirate cases. They are capable of providing procedural insights and regulatory knowledge needed.
How to Open a Real estate case in Sharjah
There are specific legal grounds for opening a case. The procedure begins with a claimant establishing grounds for a legal case. This could be a result of contract breach, fraudulent sale, misleading advertisements, failure to register property, delay handovers, and many more.
UAE federal laws on civil transactions primarily administer the legal procedure. The law outlines the contractual enforcement and the possible remedies. Additionally, the disputes related to tenancy are also dealt with under the Tenancy laws of Sharjah.
This requires careful handling with the help of appropriate authorities. Sharjah Rent Disputes Committee is actively tackling the rental-related problems all around the city.
The Requirements of Documentation:
The robust paperwork is the basis of successful property-related matters. Before starting a legal procedure, the parties must gather the following documents:
- A copy of the sale contract
- Copy of lease or tenancy agreement
- Proof of payment via bank statements, receipts
- Government approvals required
- Title deeds and ownership papers
- Email or written communications with the counterparty
- Third-party reports e.g., engineer’s reports, inspection notes, etc, if needed
The renowned and professional Law Firms are proficient in handling a wide range of real estate cases. They mainly focus on reviewing and drafting documents. They also provide translation and attestation services. Few law firms have additional services as well. The Sharjah Courts needed documents in Arabic that are legally attested. They facilitate the documentation process and ensure it is accurate, concise, and legitimate.
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Where to File the Case in Sharjah
This will depend upon the nature of the dispute and the jurisdiction. The contractual disputes normally fall under the jurisdiction of the Civil Courts. On the contrary, the Rent Disputes Committee handles the rental conflicts. The committee has quasi-judicial powers to resolve tenancy matters efficiently and effectively. The complex cases involve criminal complaints to be lodged. In matters like selling a mortgaged property will result in criminal complaint along with civil legal procedures.
The Key Role of Alternative dispute Resolution
Sharjah has always promoted out-of-court settlement in property related issues. Therefore, mediation sessions are highly encouraged via the Sharjah Conciliation and Settlement Committee. The prime goal is to facilitate mutual settlement. It also works to prevent lawsuits or litigation. However, if no resolution is reached during the process of mediation, it will allow the case to proceed to the Sharjah Courts.
This stage needs talented property lawyers. They are capable of tackling multiple cases and even high-value properties. They bridge the gap between the parties involved.
The steps to file a lawsuit in Sharjah
Nevertheless, the formal steps begin with filing a case in Sharjah. It initiates with preparing the statement of claim in the Arabic language. Following, the case is registered with the Court system or the Rental Committee in Sharjah.
Now, the evidence is being submitted along with the legal documents to establish a valid and lawful claim.
The serving notice is issued to the opposing party once the case proceeds. Both parties must attend the scheduled court hearing and also submit the court pleadings. There are many higher-stakes real estate conflicts that require technical expertise.
Therefore, the Sharjah Court may appoint the expert who analyzes construction defects or contractual fulfillment. They will issue the reports that hold legal weight.
There are expected timelines that must be honored. Normally, the duration of a real estate case in Sharjah takes into account certain factors. It accounts for the nature of the case, severity, complexity, and cooperation between parties.
The simple cases may conclude in a brief time of 3 to 6 months. On the other hand, the complex property development disputes are extendable up to 1 year or more.
The need for Legal Representation
Real estate litigation in Sharjah is impossible without the services of a legal professional. Lawyers are well-learned and experienced professionals who have knowledge regarding the UAE property law and the dynamics of the real estate market. They provide legal assistance in drafting claims and compiling evidence for the case. As a result, it helps in court submissions and also meets the time limitations. The competent attorneys will represent their client at all the court hearings. In addition, the disputes may involve the cross-jurisdiction transactions that lead to more complexity.
