Developer ordered to transfer property to buyer

Dubai: A court has ordered a major property company and developer to complete the transfer of ownership of a property worth around Dh1.7 million in one of Dubai's high-profile gated communities to a businesswoman, who had bought it.

The Dubai Appeals Court (dealing with real estate disputes) overruled the appeal of the property company and developer and confirmed the Asian businesswoman, M.B.'s ownership of the property.

M.B.'s lawyer Dr Habib Al Mulla of Habib Al Mulla and Co Advocates and Legal Consultants requested the court in a lawsuit against the property company and the developer to confirm his client's ownership of the property after she had paid the full value.

The Dubai Civil Court earlier confirmed M.B.'s ownership of the land after it validated the purchase contract between her and the defendants, who had sold her the land off Dubai's Shaikh Zayed Road.

"The defendants failed to transfer the ownership of the property and register it in the complainant's name at the Dubai Lands and Properties Department [DLPD]. They didn't register the property in my client's name even after we sent them a legal notification," said Dr Al Mulla.

However, the defendants' lawyer countered the woman's claim and appealed the primary judgment and asked the Appeals Court to set aside the initial sentence.

Appeals Court Presiding Judge Jihad Mohammad Khasawna disallowed the defendant's appeal and upheld the primary judgment on Wednesday.

Dr Al Mulla argued in his lawsuit that the defendants had agreed to sell the property to the claimant against five payments between March 2004 and March 2005.

"Although my client paid the full amount in March 2004 the defendants failed to adhere to the articles of the purchase contract. The defendants refused to accept the construction map [plan] and [instead] sent my client a letter, threatening to cancel the purchase contract. Moreover, they didn't register the land in her name at DLPD," said the advocate.

Dr Al Mulla argued in his deliberation: "We lodged the lawsuit to obtain a court confirmation of my client's ownership of the property and so she could take an authorisation from the Dubai Municipality to carry out the construction plans and start the building."

The Appeals Court also ordered the defendants to pay court fees and Dh500 in lawyers' fees.

The primary verdict sheet stated that according to Article 1277 of the Civil Procedures Law and the terms of Dubai's Property Registration Law No 7, 2006, "a property ownership is only transferred from the seller to the buyer after registering it at DLPD's property register".

The appeals court judge ordered the real estate company and the developer, which is an arm of the company, to hand over the land to the claimant and to pay the court and lawyers' fees.