Legal Question in Real Estate Law in India

Mou

Hi All,

By mistake my father has signed above mentioned MOU which was not registred at Notary. MOU was for selling his land. Later we convienced him not to sell his land(Some Personal reason ). He had a word with buyer but they are not ready to break MOU. Buyer has threat him for legal actions.

By the way Validity was already over for Payment when father aproached him to break MOU.

What is the signficance of such MOU?

How strong is the buyers Case or Part?

How shall we get rid of him?

Regards

RAjul


Asked on 10/01/07, 12:43 am

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Mou

It all depends on terms of MOU.

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Answered on 10/01/07, 12:58 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Mou

Can you please let me know what were the terms and conditions laid in the MOU, so I can formulate some advice for you.

thanx

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Answered on 10/01/07, 5:26 am
Vivek Mapara Mapara Law Firm

Re: Mou

MOU is required to be perused before giving any legal advice.

One thing there could be no mistake attributed if your father is in full mental capacity and he had signed the document without any threat or under impression of fraud. Personal mistake has no existance in the eyes of law.

Second thing MOU is not required to be notaried.

Buyer can enforce the contract MOU by filing suit for specific performance. Now so far so as the payment validity is concerned, then entire mou is required to be seen to see its implication on the performance of contract.

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Answered on 10/01/07, 6:12 am

Re: Mou

Notary merely authenticate the genuines of a document and he has no power to register the same.MOU does not require to be notarised.MOU is valid for all purpose but to suggest any measure all details and MOU is required to be examined.In case of need contact with all details and documents.Professional charges are applicable.

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Answered on 10/01/07, 12:51 pm
Jayesh Desai Jayesh Desai

Re: Mou

One needs to see MoU. When was it executed? What were the terms? Were the terms followed by each party or not? Was time made essence of contract or not?

Based on limited information no advise is possible.

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Answered on 10/04/07, 3:19 am


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