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Raja Sundarraman (Advocate)     30 December 2009

Nomenclature of the ASgreements

Respected Learned friends , i am in process of drafting of an MOU the contents of which of a  property management agreement in nature. I am of the POpinion that the nomenclature of the agreement /MOU is not in any way going to affect the rights and oblications of the parties thereto .The position being the the consideration received towards the rent of the property to be advanced by the property Manager to the Owner of the propertyby way of Gold in lieu of the payments.Hence, i name it MOU instead of Property Management Agreement. Please give your valuable opinion. With Regards.



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 2 Replies

R.R. KRISHNAA (Legal Manager)     30 December 2009

Legally MOU's are not enforceable.   I suggest you to go through AIR 1998 Cal 44 before terming your document as MOU.  It all depends on the terms of the document (whether it can be called as MOU or Agreement).  Good Luck......

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     30 December 2009

Your quarry has very well been replied in open expert section vide which your opinion has been found accurate.


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