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Gargi Ranade (Company Secretary)     21 July 2010

MOU for property transfer

Dear all.

Kindly let me know legal validity of Memorandum of understanding in case of purchase of Land. Is it require to frank and register this memorandum so as to secure interest in the property.

At what rate it should be franked as per Bombay Stamp act rates.

Can we quote pre-conditions required to be fullfilled by vendors in such MOU.

can somebody suggest me Corporate advisors dealing in property matters residing in Thane .



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     21 July 2010

Dear Gargi Ranade,

MOU is

SHIRISH PAWAR, 7738990900 (Advocate)     21 July 2010

Dear Gargi Ranade,

MOU is mere agreement to enter in to a contract it is not a contract, it can be executed on stamp paper of Rs. 100/-. it has very less evidential value.

regards

Bharatkumar (ADVOCATE )     22 July 2010

Hi, MoU  MAKE FOR ONLY MITUAL UNDERSTANDING AND ON Rs. 100/- Stamp Paper.
 

venkatkrishna (AGM)     03 August 2010

Dear Ranade  MOU  for  sale /purchase of  property  will not protect you to claim any right  but  if the  subject is  very clear  on sale and purchase of property,   stamp duty attracts.  There is a supreme court judgement that   heading of the document is not only important  but  main  intention of the parties are imporant  to name the document.

The MOU  can be treated as contract  but   in the eye of law, unless it is  adjudicated and  stamped properly,  there is no value.   As per  The Bombay Stamp act  the  stamp duty is 5%  and  registration charges are 1% on the consideration value or  guideline value which ever is higher.

The last  suggestion,  I could not understand why  you  want only   expert from Thane only.    Experts  can give  opinion from any place particularly from Bombay.  

Sanyukta (Advocate)     13 January 2011

Mr. Venkatkrishna,

Can you please provide me with citation of the SC judgement you cited above

CA RAHUL KANTHALIYA (ASSISTANT MANAGER)     14 February 2012

 

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.


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