The Dubai Civil Court ruled that the sale of a plot of land of 10,000 square feet in the Al Quoz First area, granted by His Highness the Ruler, was invalid, and handed over to its owner free of occupancy, more than 15 years after the sale was executed, for not being based on a valid title deed and the impossibility of its implementation.
In detail, the lawyer, Badr Abdullah Khamis, said that his client (the plaintiff) owned the disputed plot of land through the grant, and he has a certificate of ownership issued by the Land Department on September 13, 1999.
He added that his client was surprised that the two defendants were laying hands on the plot of land, and repeatedly demanded that they return it, to no avail, so he filed a lawsuit to recover it.
The two defendants pleaded not to accept the case because more than 15 years had passed since they laid hands on the land, and that they had built a residential villa on it since 2005, noting that they had not raped the property, but rather had taken possession of it, after the first defendant had bought the land from the owner, and paid the price under An official acknowledgment signed by the latter stating that he has received 2.5 million dirhams.
They pointed out that the buyer was unable to transfer the ownership of the property in his name, as the land was a grant from His Highness the Ruler, and they requested that the lawsuit be rejected and not accepted after 15 years had passed.
The legal representative of the plaintiff, Lawyer Badr Abdullah Khamis, responded by requesting the invalidity of the sale and all dispositions on the plot of land in dispute, handing it over free of occupancy, and collecting its proceeds since seizing it, based on Decree No. (1) of 2018 regarding the regulation of the disposal of granted lands and housing From His Highness the Ruler, who authorized the disposal of it according to specific procedures, including submitting an application to the Mohammed bin Rashid Housing Establishment.
The court based its ruling on Article 1321 of the Civil Transactions Law, which states that “No one has the right to adhere to the passage of time that prevents hearing the case of absolute property, if he has placed his hand on a real estate without title deeds, and he has no right to change for himself the reason for placing his hand.” She pointed out that these texts collectively lead to the fact that the contract for the sale of lands granted to citizens in the Emirate of Dubai is impossible to implement, whether it was before the issuance of His Highness’s decision to ban disposal without His Highness’ permission, or after its issuance, as long as the decision was made aware of it before its registration.
The court clarified that in all cases, these contracts have no effect, and they lose their title as a title deed, given the impossibility of implementing the contract if it was issued after the decree, or its invalidity if it was on a previous date, and therefore it is not permissible for the occupant of the land not granted to him to adhere to the passage of time that prevents him from Hearing the case, a principle approved by the General Assembly of the Court of Cassation, on January 27 last.
The court concluded that what is established in the lawsuit papers, and there is no dispute between the two parties, is that this land was granted to the plaintiff by His Highness the Ruler, and then transferred to the defendants in return for a cash consideration of 2.5 million dirhams, as they acknowledged, and then this act is void and the buyer is not based to a valid title deed, and all the transactions concluded between the two parties regarding this land are void, and it entails restoring the situation to what it was before the execution of the sale.
In addition, the court rejected the plaintiff’s request to return the proceeds of the land during the period of seizure, and ruled that the sale of the land was invalid and obligated the defendants to hand it over free of occupancy and people, and obligated them to pay fees and expenses and 1000 dirhams of attorney fees.
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The Dubai Civil Court ruled that the sale of a plot of land of 10,000 square feet in the Al Quoz First area, granted by His Highness the Ruler, was invalid, and handed over to its owner free of occupancy, more than 15 years after the sale was executed, for not being based on a valid title deed and the impossibility of its implementation.
In detail, the lawyer, Badr Abdullah Khamis, said that his client (the plaintiff) owned the disputed plot of land through the grant, and he has a certificate of ownership issued by the Land Department on September 13, 1999.
He added that his client was surprised that the two defendants were laying hands on the plot of land, and repeatedly demanded that they return it, to no avail, so he filed a lawsuit to recover it.
The two defendants pleaded not to accept the case because more than 15 years had passed since they laid hands on the land, and that they had built a residential villa on it since 2005, noting that they had not raped the property, but rather had taken possession of it, after the first defendant had bought the land from the owner, and paid the price under An official acknowledgment signed by the latter stating that he has received 2.5 million dirhams.
They pointed out that the buyer was unable to transfer the ownership of the property in his name, as the land was a grant from His Highness the Ruler, and they requested that the lawsuit be rejected and not accepted after 15 years had passed.
The legal representative of the plaintiff, Lawyer Badr Abdullah Khamis, responded by requesting the invalidity of the sale and all dispositions on the plot of land in dispute, handing it over free of occupancy, and collecting its proceeds since seizing it, based on Decree No. (1) of 2018 regarding the regulation of the disposal of granted lands and housing From His Highness the Ruler, who authorized the disposal of it according to specific procedures, including submitting an application to the Mohammed bin Rashid Housing Establishment.
The court based its ruling on Article 1321 of the Civil Transactions Law, which states that “No one has the right to adhere to the passage of time that prevents hearing the case of absolute property, if he has placed his hand on a real estate without title deeds, and he has no right to change for himself the reason for placing his hand.” She pointed out that these texts collectively lead to the fact that the contract for the sale of lands granted to citizens in the Emirate of Dubai is impossible to implement, whether it was before the issuance of His Highness’s decision to ban disposal without His Highness’ permission, or after its issuance, as long as the decision was made aware of it before its registration.
The court clarified that in all cases, these contracts have no effect, and they lose their title as a title deed, given the impossibility of implementing the contract if it was issued after the decree, or its invalidity if it was on a previous date, and therefore it is not permissible for the occupant of the land not granted to him to adhere to the passage of time that prevents him from Hearing the case, a principle approved by the General Assembly of the Court of Cassation, on January 27 last.
The court concluded that what is established in the lawsuit papers, and there is no dispute between the two parties, is that this land was granted to the plaintiff by His Highness the Ruler, and then transferred to the defendants in return for a cash consideration of 2.5 million dirhams, as they acknowledged, and then this act is void and the buyer is not based to a valid title deed, and all the transactions concluded between the two parties regarding this land are void, and it entails restoring the situation to what it was before the execution of the sale.
In addition, the court rejected the plaintiff’s request to return the proceeds of the land during the period of seizure, and ruled that the sale of the land was invalid and obligated the defendants to hand it over free of occupancy and people, and obligated them to pay fees and expenses and 1000 dirhams of attorney fees.
Follow our latest local and sports news and the latest political and economic developments via Google news
The Dubai Civil Court ruled that the sale of a plot of land of 10,000 square feet in the Al Quoz First area, granted by His Highness the Ruler, was invalid, and handed over to its owner free of occupancy, more than 15 years after the sale was executed, for not being based on a valid title deed and the impossibility of its implementation.
In detail, the lawyer, Badr Abdullah Khamis, said that his client (the plaintiff) owned the disputed plot of land through the grant, and he has a certificate of ownership issued by the Land Department on September 13, 1999.
He added that his client was surprised that the two defendants were laying hands on the plot of land, and repeatedly demanded that they return it, to no avail, so he filed a lawsuit to recover it.
The two defendants pleaded not to accept the case because more than 15 years had passed since they laid hands on the land, and that they had built a residential villa on it since 2005, noting that they had not raped the property, but rather had taken possession of it, after the first defendant had bought the land from the owner, and paid the price under An official acknowledgment signed by the latter stating that he has received 2.5 million dirhams.
They pointed out that the buyer was unable to transfer the ownership of the property in his name, as the land was a grant from His Highness the Ruler, and they requested that the lawsuit be rejected and not accepted after 15 years had passed.
The legal representative of the plaintiff, Lawyer Badr Abdullah Khamis, responded by requesting the invalidity of the sale and all dispositions on the plot of land in dispute, handing it over free of occupancy, and collecting its proceeds since seizing it, based on Decree No. (1) of 2018 regarding the regulation of the disposal of granted lands and housing From His Highness the Ruler, who authorized the disposal of it according to specific procedures, including submitting an application to the Mohammed bin Rashid Housing Establishment.
The court based its ruling on Article 1321 of the Civil Transactions Law, which states that “No one has the right to adhere to the passage of time that prevents hearing the case of absolute property, if he has placed his hand on a real estate without title deeds, and he has no right to change for himself the reason for placing his hand.” She pointed out that these texts collectively lead to the fact that the contract for the sale of lands granted to citizens in the Emirate of Dubai is impossible to implement, whether it was before the issuance of His Highness’s decision to ban disposal without His Highness’ permission, or after its issuance, as long as the decision was made aware of it before its registration.
The court clarified that in all cases, these contracts have no effect, and they lose their title as a title deed, given the impossibility of implementing the contract if it was issued after the decree, or its invalidity if it was on a previous date, and therefore it is not permissible for the occupant of the land not granted to him to adhere to the passage of time that prevents him from Hearing the case, a principle approved by the General Assembly of the Court of Cassation, on January 27 last.
The court concluded that what is established in the lawsuit papers, and there is no dispute between the two parties, is that this land was granted to the plaintiff by His Highness the Ruler, and then transferred to the defendants in return for a cash consideration of 2.5 million dirhams, as they acknowledged, and then this act is void and the buyer is not based to a valid title deed, and all the transactions concluded between the two parties regarding this land are void, and it entails restoring the situation to what it was before the execution of the sale.
In addition, the court rejected the plaintiff’s request to return the proceeds of the land during the period of seizure, and ruled that the sale of the land was invalid and obligated the defendants to hand it over free of occupancy and people, and obligated them to pay fees and expenses and 1000 dirhams of attorney fees.
Follow our latest local and sports news and the latest political and economic developments via Google news
The Dubai Civil Court ruled that the sale of a plot of land of 10,000 square feet in the Al Quoz First area, granted by His Highness the Ruler, was invalid, and handed over to its owner free of occupancy, more than 15 years after the sale was executed, for not being based on a valid title deed and the impossibility of its implementation.
In detail, the lawyer, Badr Abdullah Khamis, said that his client (the plaintiff) owned the disputed plot of land through the grant, and he has a certificate of ownership issued by the Land Department on September 13, 1999.
He added that his client was surprised that the two defendants were laying hands on the plot of land, and repeatedly demanded that they return it, to no avail, so he filed a lawsuit to recover it.
The two defendants pleaded not to accept the case because more than 15 years had passed since they laid hands on the land, and that they had built a residential villa on it since 2005, noting that they had not raped the property, but rather had taken possession of it, after the first defendant had bought the land from the owner, and paid the price under An official acknowledgment signed by the latter stating that he has received 2.5 million dirhams.
They pointed out that the buyer was unable to transfer the ownership of the property in his name, as the land was a grant from His Highness the Ruler, and they requested that the lawsuit be rejected and not accepted after 15 years had passed.
The legal representative of the plaintiff, Lawyer Badr Abdullah Khamis, responded by requesting the invalidity of the sale and all dispositions on the plot of land in dispute, handing it over free of occupancy, and collecting its proceeds since seizing it, based on Decree No. (1) of 2018 regarding the regulation of the disposal of granted lands and housing From His Highness the Ruler, who authorized the disposal of it according to specific procedures, including submitting an application to the Mohammed bin Rashid Housing Establishment.
The court based its ruling on Article 1321 of the Civil Transactions Law, which states that “No one has the right to adhere to the passage of time that prevents hearing the case of absolute property, if he has placed his hand on a real estate without title deeds, and he has no right to change for himself the reason for placing his hand.” She pointed out that these texts collectively lead to the fact that the contract for the sale of lands granted to citizens in the Emirate of Dubai is impossible to implement, whether it was before the issuance of His Highness’s decision to ban disposal without His Highness’ permission, or after its issuance, as long as the decision was made aware of it before its registration.
The court clarified that in all cases, these contracts have no effect, and they lose their title as a title deed, given the impossibility of implementing the contract if it was issued after the decree, or its invalidity if it was on a previous date, and therefore it is not permissible for the occupant of the land not granted to him to adhere to the passage of time that prevents him from Hearing the case, a principle approved by the General Assembly of the Court of Cassation, on January 27 last.
The court concluded that what is established in the lawsuit papers, and there is no dispute between the two parties, is that this land was granted to the plaintiff by His Highness the Ruler, and then transferred to the defendants in return for a cash consideration of 2.5 million dirhams, as they acknowledged, and then this act is void and the buyer is not based to a valid title deed, and all the transactions concluded between the two parties regarding this land are void, and it entails restoring the situation to what it was before the execution of the sale.
In addition, the court rejected the plaintiff’s request to return the proceeds of the land during the period of seizure, and ruled that the sale of the land was invalid and obligated the defendants to hand it over free of occupancy and people, and obligated them to pay fees and expenses and 1000 dirhams of attorney fees.
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