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Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

I signed my xwife signature on my tenant tenancy...

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I signed my xwife signature on my tenant tenancy contract with her verbal consent. But now she denied and filed a case against me as forgery under criminal case. Want to know the legal sight on such cases

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الرد من العميل

just to brief you on the history...we divorced 10years back and at the khula time court made an agreement under which few are children will be under my custody and home which we built together but under her name was divided into 2. half with her and half with me. mine has 2 portions so as per court one portion I can give on rent and in other portion I can live.

الرد من العميل

now she filed a case to vacate the home as it is under her name but court rejected due to the agreement. later her appeal was also rejected.

الرد من العميل

I received unknown people threatening calls to vacate the home otherwise I will be deported out of uae and may get sentenced

الرد من العميل

they will make criminal case on signing the contract which they all know the Ian my daughter sign when she is not available and she ask us to sign on her behalf as I am already taking a rent.

الرد من العميل

now they filed a forgery criminal case against me of signing the contract which I am allowed to take rent as per agreed contract from Dubai Dubai sharjah court

الرد من العميل

want to know what is my stand on this case.

الرد من العميل

people are saying that it comes under forgery a big crime.. please let me know how to defend this case.

إجابة الخبير: Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Regarding forgery, if you sign on behalf of your wife, it is considered an offense of forgery even if your wife has agreed to sign verbally, since the signature on your wife’s behalf is not considered valid except with a special official power of attorney that gives you these powers. As for the threat, you can file a complaint against the one who threatened you to take the legal requirement against him.
Below is the penal code texts related to your inquiry:

Article 216

Falsification of the document is changing the truth about it by one of the methods shown below that would cause harm and the intention to use it as a valid editor.
Among the methods of forgery are:
1 - Making a change to an existing editor, whether by adding, deleting, or changing the writing of the editor, numbers, signs, or pictures in or on it.
2 - Putting a forged signature or stamp or changing a valid signature, stamp or fingerprint.
3 - Obtaining, by surprise or fraud, to obtain the signature, stamp, or fingerprint of a person without knowledge of the contents of the document or without proper consent to it.
4- Forging or counterfeiting a document and attributing it to others.
5 - Fill out a blank paper signed, stamped or imprinted without the consent of the owner of the signature, seal or fingerprint.
6 - Impersonation or replacement of a document prepared to prove it.
7 - Distortion of the truth in a document as soon as it is edited in what was prepared to prove it.
Article 217
Forgery of an official document is punishable by imprisonment for a period not exceeding ten years, and forgery in an informal document is punishable by imprisonment. And all that is not provided for by others.
Article 217 bis
Whoever forges an official editor’s photo and uses that photo, or uses an official edited photo with knowledge of it being forged, shall be punished by imprisonment for a period not exceeding five years.
The penalty will be detention if the photo is for an unofficial editor

الرد من العميل

thanks for the reply....but I sign on my home portion which court has authorized me to take rent. and I am renting it since last 10 years and my xwife allows me and my daughter verbally to sign when she is not available. I have the legal court agreement that I can take rent of that portion.she wants the home and file a case to vacate which she lost. that is why she is lying and making criminal case against me.her lawyer also called me and told me if I don't leave the house they will make forgery case and I don't have any prove that she authorized me to sign.they threatened me

الرد من العميل

with such scenario is this still punishable?

الرد من العميل

how I defend my case and to sort this problem...any suggestion please advise

إجابة الخبير: Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If there is a permit from the court to rent this part, there is no legal problem, provided that the lease is to the place authorized by the court

الرد من العميل

Thank you. So this mean even I sign her signature with her verbal consent will not be considered crime if I have a court agreement and ruling that I can take the rent of the house. Even though the home is under her name

الرد من العميل

yes I have a court agreement and shwrjah court last month rejected her both case and appeal to vacate the home on the basis of the court agreement which between us 10years back. eventhough she claimed that she is the owner of the house as per the home ownership. court rejected on the basis of the valid court agreement that I can live and rent the house

الرد من العميل

attached agreement for your reference

الرد من العميل

إجابة الخبير: Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If there is a court ruling that gives you all the powers to rent the house registered in its name without referring to it, there is no legal problem, provided that the contracts are signed in your name with a mention that you are authorized to rent according to the judicial ruling explicitly in the contract.

الرد من العميل

they didn't make contract under my name as the ownerships of the house is under my xwife name and the justification they gave that home ownership can not come under expatriate name in sharjah but they said that I can live and get rent as per court.so we were making contract under my xwife name and it was settled between us through her mother 10years back. since then we were following the same.let me share you recent court judgement aswell.

الرد من العميل

إجابة الخبير: Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If the court decided explicitly that you have the right to enter into lease contracts in the name of your wife and sign the contracts on her behalf, and you are entitled to receive the fee, then your behavior is considered legal if the judgment includes what I referred to to you previously

الرد من العميل

I have the contract in which clearly mentioned that I can live in 1 portion and can get rent from the 2nd portion. I only signed few times her signature on the tenancy contract for 2nd portion when she asked me verbally/over the phone to sign when she is not available. we were renting the place more than 10 years and we sign few years only.

إجابة الخبير: Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Your behavior regarding the rental of the house is considered correct based on the court ruling that you received
We thank you for contacting us and we are always at your service

إجابة الخبير: Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Your behavior regarding the rental of the house is considered correct based on the court ruling that you received
We thank you for contacting us and we are always at your service

إجابة الخبير: Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

You can send the pictures back to the following e-mail:
law.jawabkom@gmail.com