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Theertha (HW)     16 December 2012

How to get remedies if a mou not honored.

I entered a Memorandum of Understanding (MoU) to purchase a flat. The flat belongs to a Husband and Wife. Memorandum of understanding is written in a white paper. The husband alone signed at both places (against his name and his wife name as ‘For’). The original of MoU is not with me but I have its photocopy. I paid some amount as token money. The balance is agreed to pay 40% within 1 month form MoU and 60% with in three months. Unfortunately I could not pay the first part ( 40%) within one month but I was ready to pay full amount in three months. But the vendor disagrees to go with the deal. Whereas I sold my property to make money to buy this property. The MoU has a clause that if delayed to perform the deal, either party can perform the deal by paying Loss, Interest, Cost etc happened to the other party due to delay either by vendor or purchaser. 1. With the above clause can I approach a court to get justice for me? 2. Will court accept the case without Originals? 3. IS a MoU written in white paper valid in court? 4. Will the second owner (his wife) not signing the MoU is acceptable to court? Thanks


 1 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     23 December 2012

issue Legal notice and based on i's reply move civil court with sp performance 


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