Abu Dhabi court denies woman's Dh850,000 farm claim over unregistered contract

An Abu Dhabi court has dismissed a woman’s lawsuit seeking the transfer of a farm’s ownership to her, after it was revealed that she had purchased the property through an informal (unofficial) contract worth Dh850,000 without registering it with the competent authorities. The court stated that the dismissal was based on negligence stemming from the failure to formally register the sale and purchase contract with the relevant entities.

In detail, the Abu Dhabi Family, Civil and Administrative Court rejected the lawsuit filed by the woman to transfer ownership of the farm, ruling that she had relied on an unregistered contract. The court emphasized that “the completion of any sale or purchase of real estate in the Emirate of Abu Dhabi before the competent authority is considered a formal requirement binding on the court.”

The woman had filed a case against two men, demanding that they be compelled to transfer the farm’s ownership into her name, and requested that the court order immediate execution of the ruling. In her claim, she asserted that the second defendant had sold her the agricultural land for Dh850,000, but the contract was never registered with the competent authority. She added that the land was still registered in the name of the first defendant (who had previously sold it to the second defendant) and submitted a copy of the sales contract as evidence.

In its reasoning, the court explained that under Abu Dhabi’s Real Property Law, “ownership of real estate, and any rights attached or derived from ownership—whether between contracting parties or against third parties—do not transfer except through registration. Registration with the competent authorities is mandatory and serves as conclusive proof of ownership and related rights, including long-term leasehold rights.”

The court noted that the case documents presented by the plaintiff did not include any evidence that the transaction was conducted before the competent authority, as stipulated by Presidential Affairs Ministry Decree No. 3/4/2907 dated 5 May 2010, which provides that no transfer of ownership, whether by sale, purchase, or any other real estate disposition in Abu Dhabi, shall be valid unless carried out before the competent authority. The court stressed that this requirement is explicit, binding, and carries the force of law, as such directives serve the public interest and embody the characteristics of generality and abstraction inherent in legal rules. Any transaction conducted in contravention is deemed unlawful, as it is presumed that all parties are aware of the law.

Since the documents submitted by the plaintiff showed that neither party had completed the transaction before the competent authority, and no evidence of the required approval was provided, the lawsuit lacked a valid basis in fact and law. Accordingly, the court ruled to dismiss the case and ordered the plaintiff to bear the fees and legal expenses.