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Responsible Citizen (Personal)     11 April 2010

MOU related to Cash Dealing

Hi..

I just want to have your expert advice to understand the legal value of a MOU between two Major persons where party A has given a particular amount to Party B ,got the MOU signed , attested by Notary, but no witnesses.

 

Is it valid to prove the deal is finished as both the parties have duly signed it...or the lack of witness make it questionable...



Learning

 3 Replies

P.K.Haridasan (Advocate)     11 April 2010

Hello Responsible citizen

 

Memorandum of Understanding is not a legal document . It is only a written form of understanding between two persons. It is not an agreement nor a bond. Witness will not improve its status. Okay. Go for legal documents on which you can seek remedy in courts. 

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     12 April 2010

Memorandum of agreement is perfectly a valid and legal docuement. It is nothing but form of an agreement.  You amy call a document as MoU, muchalika, agreement or contract ot any other name . All has same force. All documents are valid and enforceable in court provided duly stamped and registered, if required.

 

It is the contents/recital of a document that decide irrespective of nomenclature.

In your case, the MoU Is valid to prove the deal is finished as both the parties have duly signed it

Lack of witness does not make it questionable, but to add authenticity and avoid the denial of either party about due execution, it is always advisable to have witness.

Dharmesh Manjeshwar (Advocate/Lawyer)     12 April 2010

well said ... Mr. N. Ramesh ..... I fully agree with you Sir .....

Mr. RC ... U have the perfect legal advice from Mr. N. Ramesh ..... be assured of it ........


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