Miscellaneous Questions: Post them here

[Sadozai]

Another Problem

I'm still having problems with the DEWA activation.

The main issue is that the apartment is in my brother's name. Now the DEWA will entertain an activation request either from the landlord or from the tenant..... I'm neither What am I gonna do now..... I don't have the affection plan or the contract and obviously not the tenancy agreement

Someone told me to get an Authority Letter from my brother.... Kindly guide me as to what kinda authority letter should that me..... should it be on a plain paper with my brother's signatures..... anybody can forge that..... So those DEWA ppl might question it's authenticity.

I don't wanna spend a month in an apartment without electricity or water..... and I don't wanna waste my money on hotels while I have an apartment to stay in...... HELP!!!

p.s. Since my flight will land at midnight.... my first night has to be without electricity and water

 

[wayneis]

Ask DEWA directly what information they require. They have a web page with email and phone contact information as well as guideline for connections.

 

[bonnecoste]

Hi Sadozai,
I assume you got your keys without having to produce a receipt for the DEWA deposit.My building owner (Persia N3) tells me that I can't get my keys until I produce such a receipt but I don't want elec & water connected until a tenant is found !.

 

[Javaid Kamar]

Hello,

To Sadozai,

I had the same problem. The apartment is registered in my name but I sent my mother to take possession.

I am based in the UK and therefore I gave my mother a signed letter which was signed in the presence of a notary public. I also gave her a copy of my passport and she took her own passport.

In the letter it is important that you write your brother's (the apartment owner's) name, nationality and passport number and your own name, nationality and passport number.
eg. I, Javaid Kamar, bearer of British Passport Number XXXXXXXX give Khadija Kamar (my mother),bearer of British Passport Number XXXXXXXXX authorisation to act on my behalf in regards to apartment International City, China XX, etc.

I think you said you are based in Pakistan. I think in Pakistan they have notary publics or oath commisioners which are also acceptable I think.

However, my mother did take the Nakheel contract (the Unit Sale and Purchase Agreement) for the apartment. I think it will be difficult to register without it.

One possible way might be to do it on-line. If you can obtain a residency visa I think it is possible to pay the deposit through the internet, although I am not entirely sure about this since I was not able to manage it myself.

 

[Sadozai]

Thank you all for ur help. I don't know what I'd do without this forum.

If only the customer services ppl in Dubai were just as nice & helpful

Is it just me or are these things realy unnecessary. This whole process should be hassle free.

Someone should tell the government that.... excuse me, but we need these foreign investors in the long term once the oil runs out, otherwise we'll be back to the stoneage.

 

[gtmash]

Thank you all for ur help. I don't know what I'd do without this forum.

If only the customer services ppl in Dubai were just as nice & helpful

Is it just me or are these things realy unnecessary. This whole process should be hassle free.

Someone should tell the government that.... excuse me, but we need these foreign investors in the long term once the oil runs out, otherwise we'll be back to the stoneage.

You don't need the actual contract. I went to DEWA without the contract. Found out I needed it. Called building owner's office and had the sales agreement page faxed directly to the desk of the DEWA person I was dealing with (or you take a copy with you beforehand). Apparently DEWA is set up for a case like mine. And a DEWA connection won't cost you anything if no one enters your place. You get your 1k desposit back when a tenant transfers billing.

 

[Sadozai]

Yes gtmash, but my problems don't just end here. Would someone please find a solution for me after reading the issues written below:

1. The apartment is in my brother's name.

2. We don't have a Nakheel contract or a USPA. we only have a MOU.

3. Both of us r not based in the UAE, & don't have a residence visa. DEWA doesn't deal with visit visas.

I think the only option is to ask a friend based in dubai to make a dummy 1 month contract & get my Brother's signature on it, & then apply to DEWA through that friend. any volunteers??

p.s. Rumour has it that DEWA gives 1 month electricity free. Too good to be true????

 

[Javaid Kamar]

To Sadozai,

If you don't have a Nakheel contract/USPA then I don't think you have any (or certainly, not many) real ownership rights over the apartment.

The USPA is the first legally binding document proving our ownership that is recognised by the Dubai courts, basically the only real proof of ownership we have until we can get our apartments registered with the Land Department and get the full title deeds.

I, honestly don't know how you can get connected without the USPA.

I think you will definitely have to get the USPA off your agent or building owner if you really want full ownership of the apartment. If you haven't been given it, as far as I know, you don't really own the apartment as far as the Dubai courts and government are concerned,

 

[wayneis]

Sadozai You wrote previously that you have 3 apartments and have already received a letter from Nakheel.

What Javaid has written is correct

The USPA is the first legally binding document proving our ownership that is recognised by the Dubai courts.

Any Property Lawyer in Dubai would tell you to steer well clear of a sale that mentions or includes a MOU. It is not worth the paper its written on. If this is all you have then you do not own the apartments.

Hello Everyone,

This is the most helpful resource that I could find over the internet relating to the international city development in Dubai. Good efforts and feedback from everyone is more helpful than the Nakheel "Customer Services" or the ill-informed Estate Agents. I have two apartments in Persia Cluster and one apartment in China cluster.

Most of these threads on this forum are relating to the persia cluster and I assume that most of us here have apartments in Persia cluster. However I'm deeply distressed and upset because I have letter from Nakheel that my china studio is ready for handover at November 15th, "LAST YEAR". Can anybody please tell me what in the world is going on. Does anyone know anybody else who has received possession of their apartments in CHINA cluster?????? plz any information will be welcomed. Thanking you in Advance.

 

[bonnecoste]

Dewa

You don't need the actual contract. I went to DEWA without the contract. Found out I needed it. Called building owner's office and had the sales agreement page faxed directly to the desk of the DEWA person I was dealing with (or you take a copy with you beforehand). Apparently DEWA is set up for a case like mine. And a DEWA connection won't cost you anything if no one enters your place. You get your 1k desposit back when a tenant transfers billing.

GTMASH

Since you have been to the DEWA office, can I ask you if it's necessary for non UAE owners to have a residence visa in order to get the elec & water connected?

 

[Sadozai]

Ok... this is scary stuff that you guys are telling me. here is the full story.

Last July i bought three studios in IC. one in china cluster in my name & two in persia in my two brothers' names. I was given three MOUs attested by the dubai court. I have these documents which have the arabic translation of the MOUs with the court stamp. Please tell me what r those documents & if they r worth something legally

Anyway, whenever i asked whether the apartments have been registered in our names the agents told me it'll take more time since Nakheel ppl r very busy.

Then in january i received this contract but the first few pages had a stranger's name as the joint owner along with my brother. so we refused to sign the contract & returned it to nakheel for correction. I have yet to receive any response.

Now all i have r the keys to that very apartment & the MOUs & the court documents. Please tell me i have something

 

[laguna33p]

when you say stranger's name, are you sure it is not the building owner you are referring to??? i noticed on my contract the seller's name (building owner) was someone i did not recognise

 

[Sadozai]

No the stranger's name is not in the seller's section, but in the JOINT OWNER's section. whereas my brother is the sole owner.

 

[Sadozai]

Does the court attestation have any legal significance????

 

[Javaid Kamar]

To Sadozai,

In answer to your question, whether the court attestation has any legal significance, I don't know. It may have some.

The reason I say this is that I am in very much the same position as you. I purchased three apartments. I have received Nakheel contracts (the USPA, that is) for two of them, but have received nothing for the third. All I have is a series of payment receipts, booking forms, etc. from the agency/realtor, but these are worthless. I know this because I have been double-booked four times now for, and of all of these receipts counted for nothing with regards to ownership of the previous four apartments.

In your case, with regard to the apartment they have given you the key for, I think you have some grounds to be optimistic. The very fact that Nakheel have previously registered your brother's name (even if they did it incorrectly) does mean at least your apartment hasn't been sold to somebody else.

The legal attestation in the court may or may not be strong enough to guarantee you eventual ownership of the three apartments. But if your agent has sworn in front of the court, I definitely think it would make harder for them to run off with your money and deny giving it you back.

If your agent is well known and well established, I think you will at least get your money back.

 

[Javaid Kamar]

In my case, I have to admit the probability of getting the third apartment is not certain at the minute. I know for a fact at least two of the previous apartments I had been booked for have been sold to other people. I know this since my mother has found and actually met them.

However, I am confident I will get my money back and I am definitely going to demand some kind of compensation, say current market value for the apartment plus any legal or other expenses incurred. I don't want to sound smug, but I did consider all these possibilities before buying. Ultimately if you are dealing with a well known agency, they can ill-afford the bad publicity. Some agents are admittedly hard-faced and so completely unscrupulous that they couldn't care less how much bad press they get. I, however, calculated for the bigger and better known agencies, it would not be worth their while to generate such bad press over one or two sales. So far, I am inclined to believe that my agent Gowealthy will do the honourable thing. Let's hope I am right. I hope your agent also behaves correctly with you.

 

[yousafnoor]

Is land Registration Fee & Nakheel Registration Fee Same?

I have paid, so far, to ARY AED 17.000 more than it was promised for a one bed apartment in Italian.

Having said that, I want to have info about another matter:

I paid to ARY AED 6,300 for “Nakheel Registration “fee” back in year 2005.
And now they charged me same amount in the name of “Land Registration Fee”.

I sent their demanded money (the subject money and much more under "Other Expenses"),immediately, as I did not want to provide them an excuse for cheating me and canceling my apartment or charging me a fine for a delay in dues payment.

My question is: Am I supposed to pay those BOTH payments separately or it is only ONE payment and ARY is simply exercising their known ethics, they are now very famous for?
If I am right than I can at least take the matter to Nakheel, if I am ever successful in getting the keys from the cheaters at ARY.

 

[wayneis]

No requirement to pay land Registration Fee up front

In Short answer = no

There is NO requirement to pay land Registration Fee to enable you to take possession of your building.

Nakheel confirmed this with me as did the Government Lands Department

 

[ALIYA]

As far as I was told by Nakheel they are 2 different things. This is the reply I got from Sara Mohammed from Nakheel when I queried this.

Kindly be advised that as for Nakheel, we require the service charge,
the 2% for registration of your unit with Nakheel and title registration
of your unit in Dubai Land Department with a fee of 1.5% if your
contract of Nakheel is before 17/12/2006 or 1% of the unit price if your
contract is on or after 17/12/2006 as per Dubai land law.
(By the way I have copied and paste her reply, these are not my words).


When I raised further queries for clarification she stopped replying.

 

[colum1975]

they appear to be different charges.

when i asked sara at Nakheel to confirm that the charges my agent sent me were correct, this is the response i got - "Further to your email below and as advised in my previous email, that
the amounts due for the affection plan and Nakheel administration fee is
payable by the building owner as the procedure of title registration of
the units is the responsibility of the building owner"

the way that is phrased makes it sound like i don't have to pay these charges at all, but i don't think that is correct?