Six year jail for Ten­ancy con­tract forgery in Dubai

Accommodation Times - - ..Editorial.. - Cour­tesy :

Ten­ancy con­tract forgery is be­com­ing a se­ri­ous is­sue in Dubai. Peo­ple are get caught in the nets of fraud­u­lent PROs, who of­fer to make ar­range­ments for ten­ancy con­tracts and get ejari cer­tifi­cates for res­i­dence visa process. Be­com­ing a part of this method will end you with the le­gal pro­ceed­ings. The pro­ce­dure to get a ten­ancy con­tract reg­is­tered with the Dubai Land Depart­ment’s Ejari sys­tem is very sim­ple. There are var­i­ous au­tho­rised typ­ing cen­tres across the emi­rate pro­vid­ing this ser­vice. Still some peo­ple fall prey to online ‘fraud­sters’ who ‘ sold’ them fake reg­is­tra­tion cer­tifi­cates. Whether it is a lack of aware­ness about the Ejari process and the con­cerned law or just avoid­ing it, sev­eral res­i­dents still ap­proach some ‘bro­kers’ or PROs who post their ser­vices through online web­sites to help them get the ten­ancy con­tract reg­is­tra­tion cer­tifi­cate and get the fam­ily visa trans­ac­tion done. Ob­tain­ing such fake cer­tifi­cates will end you in the Dubai Courts, for crim­i­nal cases for aid­ing and abet­ting other ac­com­plices for forgery. Coun­sel­lor Ali Humeid bin Khatem, Ad­vo­cate-Gen­eral and head of the Nat­u­ral­i­sa­tion and Res­i­dency Pros­e­cu­tion, told that the claim of in­no­cence by some de­fen­dants in such crimes will not taken into con­sid­er­a­tion. “They claim to be in­no­cent and that they are vic­tims of fraud even as they tried to trick the law by us­ing a forged doc­u­ment. They don’t even have an au­then­tic ten­ancy con­tract and they seek the help of such fraud­sters to ac­quire one.” The PRO or bro­ker, in such cases, is also traced through the typ­ing cen­tre where he sub­mits the fake doc­u­ment even if he is in another emi­rate. “We will not spare any ef­fort to bring them to jus­tice.” Some claim to have paid up to Dh1,000 or more to the “PRO” to com­plete the pro­ce­dure to get nec­es­sary doc­u­ments in­clud­ing the Ejari cer­tifi­cate while the cer­tifi­cate costs Dh195 only. “None would pay such a huge amount if he is not aware he is do­ing some­thing wrong. They can’t claim to be gullible since they have tried to break the law by com­mit­ting or aid­ing and abet­ting in forgery,” Bin Khatem pointed out. The ten­ancy con­tract is a guar­an­tee by the ap­pli­cant that he has a good ac­com­mo­da­tion to re­ceive his fam­ily mem­bers be­fore he can ob­tain a visa. It is not an ob­sta­cle for not pro­vid­ing visas but to en­sure that they would take care of their fam­i­lies and se­cure them a de­cent ac­co­mo­da­tion dur­ing their stay in Dubai. The top pros­e­cu­tor said that the res­i­dents, who re­quired to ap­ply for visas for their fam­ily mem­bers, should, in­deed, have an ac­com­mo­da­tion, whether rented or owned. The ten­ancy con­tract reg­is­tra­tion cer­tifi­cate is a doc­u­ment prov­ing that the ten­ancy con­tract is au­then­tic. Ejari is an elec­tronic sys­tem started by the Land Depart­ment at au­then­ti­cate the ten­ancy con­tracts in Dubai. Thanks to the Ejari sys­tem, forgery cases are be­ing easily de­tected and ex­posed.

Ejari Cer­tifi­cate Process

1. A res­i­dent can ap­ply for an Ejari Cer­tifi­cate through any typ­ing cen­tre in Dubai. 2. The ap­pli­cant should sub­mit: • Emi­rates ID • Pass­port Copy • A re­cent DEWA Bill • The orig­i­nal Ten­ancy Con­tract or the ti­tle deed copy of prop­erty or residential unit. Res­i­dents still fall vic­tim The Nat­u­ral­i­sa­tion and Resi- dency Pros­e­cu­tion has been warn­ing, through the media, res­i­dents against forg­ing ten­ancy con­tracts to ob­tain res­i­dence visas for fam­ily mem­bers, But some peo­ple, cur­rently caught in the mid­dle of le­gal cases be­cause of the forgery, are claim­ing to be in­no­cent vic­tims of fraud­sters who would sim­ply van­ish af­ter the forgery is ex­posed. Peo­ple are giv­ing money for ar­rang­ing ten­ancy con­tracts to evade the huge rent amount re­quired to ob­tain res­i­dence in Dubai. Such peo­ple will be charged by court with aid­ing and abet­ting these fraud PRO's in forg­ing and us­ing that forged ten­ancy con­tract reg­is­tra­tion cer­tifi­cate. At­tested Ten­ancy con­tract is a part of the doc­u­ments re­quired for the visa pro­cess­ing to ob­tain a res­i­dency visa for the fam­ily. Pay­ing cash for a forged doc­u­ment is a big mis­take and will cause le­gal trou­ble and would pos­si­bly end up be­ing jailed and de­ported. You could be caught at the Gen­eral Di­rec­torate of Res­i­dency and For­eign­ers Af­fairs (GDRFA) when you will went there to com­plete the visa process or to col­lect the visa.

Penalty for forgery

Ac­cord­ing to Ar­ti­cle 217 of the Fed­eral Pe­nal Code, who­ever forges or uses an of­fi­cial forged doc­u­ment shall be sen­tenced to a pe­riod not ex­ceed­ing five years in prison. Ac­cord­ing to Ar­ti­cle 121 of the same law, the courts, both Crim­i­nal and the Mis­de­meanours, may or­der the de­por­ta­tion of the ac­cused, if found guilty, in forgery cases. “The crime of forgery bears a penalty start­ing from three years in jail. How­ever, the court may some­times give the de­fen­dant six months in jail if ex­ten­u­at­ing cir­cum­stances were found in the ten­ancy con­tract forgery case,” said Bin Khatem.

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