Can MOU be evidence for any legal action?

Querist : Anonymous (Querist) 05 February 2011 This query is : Resolved
For one resale property I had done MOU with the owner. MOU is on 100 rs stamp paper and notarized. At the time of MOU I had given 1L rs cheque to the owner and 5L cash amount. It was mentioned in MOU that purchaser is giving 5L cash to the owner. Now after some days owner is not ready to execute the agreement for sale and even not returning the money. I don't have original copy of MOU, I only have true copy of MOU. Can this MOU be considered as legal document and can I ask my money back on the basis of MOU?

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Advocate. Arunagiri (Expert) 05 February 2011
What do you mean by the true copy. If the copy is signed by the other side, you can rely on it and it is a valid document as good as original.

If you have xerox copy, it can not be treated as a legal document.

Devajyoti Barman (Expert) 06 February 2011
Yes, you can rely on it whether the same is oriinal copy or a photo copy. File a suit for recovery of money or suit under Provincial Insolvency Act for adjuding him an insolvent.

Advocate Bhartesh goyal (Expert) 06 February 2011
Yes,MOU is legal and valid document.you can take legal action against seller relying the mou.

Ajay Bansal (Expert) 06 February 2011
Agreed with Devajyoti.

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