Selling property in the UAE is a lucrative business that requires strict compliance with the country’s laws and regulations. Unfortunately, some individuals may attempt to sell property using forged documents. Using forged documents to sell a property is a serious crime in the UAE.
This article aims to discuss the sanctions and fines for selling property in the UAE with forged documents.
What is forgery of Documents?
Forgery of Documents is defined as the creation of a false or altered document with the intent to deceive or defraud; it is to use the document as a genuine document as provided under Article 251 of Federal Decree Law No. 31/2021, on the issuance of the crimes and the penalties law (the UAE Penal Code).
In the context of property sales, this could include forged sale agreements, title deeds, or other legal documents that are required for the transfer of ownership.
What are the acts that amount to forgery?
The UAE penal code under Article 251 recognizes acts that amount to forgery, such as:
- Altering an existing document, by removing or changing the writing of the document, or the numbers, the marks, or pictures included in or on the document.
- Placing a forged signature or seal or altering a genuine signature, seal, or fingerprint.
- Taking by surprise or by fraud the signature, seal, or fingerprint of a period without being aware of the content of the document or without a valid consent.
- Creating a fake document or an imitation of a document and ascribing it to a third party.
- Filling a blank paper containing a signature, or a seal, or a fingerprint, without the approval of the person to whom the signature, seal, or fingerprint belongs.
- False impersonation or changing the identity in a document intended for such purpose.
- Altering the truth in a document intended as a proof, immediately upon preparation.
Federal Decree-Law No. 34/2021, On the fight against rumors and cybercrimes under Article 14 provides penalties for forging of electronic documents in the UAE.
What are the penalties in the UAE?
The penalties for forging of documents under the UAE laws are as follows:
Penalties under the UAE penal code:
- If a person is found guilty of forging an official document such an act shall be punishable by temporary imprisonment for a period not exceeding 10 years, and if a person is found guilty of forging an unofficial document shall be punishable by a jail sentence, as provided under article 252.
- Any person who forges a copy of an official document then uses the said copy or uses a copy of an official document knowing of its forgery, shall be sentenced to temporary imprisonment for a period not exceeding 5 years. If the copy used is for an unofficial document, the penalty shall be a jail sentence, as provided under article 253.
- Any public official or a person assigned to a public service who embezzles funds or papers, or other things found in his possession due to his position or assignment, shall be sentenced to temporary imprisonment and if the crime is connected to the crime of forgery or use of forged document or forged copy of an official document, the penalty shall be temporary imprisonment for a period not less than 5 years, as provided under article 260.
- Article 267 of the code states that in addition to the above penalties, the criminal shall be sentenced to restitution and to the payment of a fine equal to the value of the property that is the subject matter of the crime or the proceeds of the crime, if it is not less than AED 50,000.
Penalties under Federal Decree-Law No. 34/2021, On the fight against rumors and cybercrimes:
Article 14 provides the penalties for anyone who forges an electronic document:
- Anyone who forges an electronic document of the federal or local government, or the public federal or local authorities or institutions shall be sentenced to provisional imprisonment and to pay fine of not less than AED 150,000 and not more than AED 750,000.
- If the forgery committed is in documents of a body other than the federal or local government, or the public federal or local authorities or institution, the penalty shall be detention and/or payment of fine of not less than AED 100,000 and not more than AED 300,000.
- Further, anyone who uses the forged electronic document, while informed that it is a forged document, shall be sentenced to the same penalty established for the crime of forgery.
It is worth noting that the UAE has implemented strict regulations to prevent property fraud. As in the UAE, property fraud is taken very seriously, those found guilty of such offenses may face severe financial and legal consequences. In addition to criminal penalties, selling property with forged documents can result in civil lawsuits and financial damages as well. The buyer of the property may sue for compensation, and the court may order the seller to pay restitution.
In conclusion, selling property in the UAE with forged documents is a serious offense that can result in severe legal and financial consequences. In order to avoid any legal repercussions, it is critical to ensure that all property transactions are conducted legally and with proper documentation. The UAE government has in place strict rules and regulations to prevent property fraud, and those who are in violation of these regulations will face severe penalties.
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