Thursday, 25 December 2014

Six year jail for Tenancy contract forgery

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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. 

Tenancy Contract Dubai - Ejari
Sample of Tenancy Contract Dubai - Ejari
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. 

No tolerance for fake Documents

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 Residency 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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