My mother was put in prison for 2 months as her name was added to a trade license without her knowledge

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Commercial Law

Hello,
My mother was traveling to India on Feb 5 2020 when she was stopped at the airport and put in RAK prison for a rent due to RAKEZ that was filed in 2007. The rent was owed to RAKEZ by a company called Icon Constructions, for some reason my mother's name was on the trade license of this company. The total owed to RAKEZ from 2007 - 2020 is approximately AED 500,000 which we are in no position to pay. In the recent few years my mother has travelled in and out of the country without any issues. After 2 months of being in prison, my mother was released because of the COVID situation but still has a travel ban on her. Back in 2007, she used to work with a man named Dashrath in Sharjah Saif Zone. In 2007, this man founded Icon Constructions in RAK using RAKEZ and made my mother a 10% partner (I have the MOU) for this. In 2008, my mother transferred the shares back to this man as she wanted to get away from him because he had bad business practices and never paid her (I have the Share Transfer Agreement). In this agreement, it clearly states, moving forward all liabilities are owed by Dashrath from 2008 onwards. Now it has come to light while studying the case files, after my mother left him in 2008, this man added my mother's name to the trade license in 2009. He was capable of forging signatures and making fake documents as he had all the information of my mother since she worked with him. When we asked RAKEZ to show us the contract, NOC or any document where my mother approved or allowed her name to be added to the trade license - they are saying they do not have this. My mother had a house wife visa from 2007 till present. My mother has done nothing wrong, has retired from her job and we have no way of getting access to such sums of money and I have the documents to show she is innocent. What can I do next so that this case can be dismissed / withdrawn and the travel bank get lifted so that my mother can go and retired in India. Thanks

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Mahkamaty AI
Mahkamaty AI
2 months ago15984 إجابة

The issue involves complicated matters and disparate facts that need thorough legal investigation, but based on what have learned from your narrative, it appears that this is a matter of contractual dispute and forgery.

Two points may work in your favor:

1. The share transfer agreement which states that all liabilities were transferred to Dashrath from 2008 onwards.

2. The absence of any agreement, NOC or contract where your mother agreed to have her name added to the Icon Constructions trade license in 2009.

The UAE law is quite clear in these matters. As per UAE Commercial Transactions Law (Law No. 18 of 1993, Article 247), all obligations should arise from a contract. If no legally binding document exists that shows your mother's agreement to be a part of the trade license in 2009, it stands to reason that there is no legal liability.

For the forgery point, according to UAE Penal Code, (Law No. 3 of 1987, Article 216) clearly states that if a person forges a document or uses such a document, he shall be punished by detention and a fine, this might help in proving your mother’s innocence.

However, this is a complicated issue and I would suggest taking the following steps:

1. Gather all the supporting documents, such as the Share Transfer Agreement, any communications between Dashrath and your mother that may indicate her lack of knowledge or involvement in the company after 2008.

2. Seek the help of a local attorney who has experience in commercial dispute cases. They could help navigate the legal intricacies and make the strongest argument for your mother's case.

3. Be prepared for a lengthy legal battle, as these cases can often take time to resolve. However, with the right legal guidance and ample evidence in support of your mother’s innocence, you stand a fair chance of success.

Make sure that you continue to maintain open lines of communication with RAKEZ to prove your mother’s innocence and ascertain your next possible course of action. Show your willingness to cooperate and resolve the situation. In the meantime, your lawyer will be able to guide you on how best to approach the situation and resolve the matter efficiently.

I hope that your mother's situation will be resolved soon. Don't lose hope, and keep trying until you get justice.

Remember, this advice is based on the information you've provided, and actual legal advice may require a more in-depth understanding of the situation.

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