MOU for sale of property
Querist :
Anonymous
(Querist) 07 May 2010
This query is : Resolved
My relative 'x' entered into an MOU to sale a flat to 'y' and taken 10% token amount. Y agreed to pay the balance amount after 3 months. as per the term of MOU, after three months on payment of total value, sign proper sale deed and give the possession to Y. RELATIVE of Y one Z has taken the said flat of X on leave & license basis for 3 months and started occupieng with Y. No balance payment has been made even after three months. emained in the flat with a pleading will pay the market price shortly. Now the Z has expired and y is not paying rent and also not vacating saying he has the mou for sale.
WHAT IS THE LEGAL COURSE AVAILABLE TO GET THE Y VACATED AND ALSO TO GET THE UN PAID RENT
Guest
(Expert) 07 May 2010
As 'Y' has died and no balance amount is paid by him or his legal heirs, 'z' cannot utilise the MOU in his favour. Further, only the heirs of 'y' can insist for specific performance, ie., sale deed in their favour and not 'z'.
'X' can issue legal notice to 'z' for eviction and to pay rental dues, and on his failure to do, file eviction petition and seek rental dues at the appropriate court having jurisdiction.
Querist :
Anonymous
(Querist) 07 May 2010
Adv. Siva Subramanian,
thanks for your response. MOU is in the name of Y and the person Z who had taken the flat on L/L basis is expired. Y was staying with Z who is his close relative(B-i-L). Please reply, how the MOU (which was signed on Rs.50/- stamp paper not registred way back in 2002) is legally valid in court of law. The Y neither vacating nor ready to pay the market rate of the flat. simply because he has the MOU signed.
Please guide me
Thanks
ESTHERPRIYA
(Expert) 07 May 2010
Look MOU is for sale and Leave and License Agreement is for rent. Kindly note that ownership and possession has to be with same person to have a good title with respect to property. In case the property is rented out receiving of rent monthly makes the impression that still the property is with the owner. Here if you leave the person to be occupied without payment of rent, then he can claim adverse possession. Thus approach an advocate. They will issue both legal notice at the same time launch a criminal complaint against y for criminal tresspass and throw him out. Mere signing of MOU does not give him any right he has to comply with the conditions as required in MOU. You are obligated to restore the remaining amount to the said Y after he vacates the premises. You have a good case hence approach an advocate immediately.
niranjan
(Expert) 07 May 2010
Stand of Y is that as he has MOU of sale he can occupy the premises is wrong notion.If he was staying with Z,LL holder,even then he cannot continue it,as it was not tenancy.So you have to fight on two counts i.e. one for getting the premises vacated from him and also to get the specific performance.So better way is to file the suit for specific performance and at the same time claim the meansprofit for using the poremises.
Uma parameswaran
(Expert) 09 May 2010
Y is a intruder only.File a police compliant against Y .Y has no right to ocupy the place where X has given to Z under LL agreement.If three months are over there is no value for MOU.So Y cannot claim any Specific performance. X also no need to go for specific performance.He can sell the Flat to any third party.
Querist :
Anonymous
(Querist) 10 May 2010
thanks to all for the kind advice. I really appreciate
