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Ankitha   09 April 2019

Mutual of understanding

Hello Experts, Can we cancel the MOU agrrement if i am not satisfied with the actions of the opposite party.


Learning

 11 Replies

surinder mittal   09 April 2019

I suppose, every MOU has a clause contained for this...

Ankitha   09 April 2019

thank you sir for replying. Actually we purchased a Notary land of 80 Sqyds. Due to there is no clarification in measurements of the boundaries of the plot we signed a MOU saying that in 6 months of time they need to repay the amount which we gave them for Buying the land. Now they have the time till August 2019. 1 week ago they have constructed a basement in our land without paying any amount to us. So based on their action on that plot can we cancel the MOU and demand money or Plot?.


(Guest)
In that MOU is it written that you will get your money back in stipulated time period so why you wanna cancel that?

Instead you should get injunction to stop any construction on that land.

Mostly it depends upon the contents of MOU i.e, if the MOU says he own the property since the surrendering of plot through signing of the MOU, then its not illegal to construct basement

Thanks
satyammishra181@gmail.com

Ankitha   09 April 2019

"In that MOU is it written that you will get your money back in stipulated time period so why you wanna cancel that? Instead you should get injunction to stop any construction on that land. "

Yes, In MOU it is clearly written that he should repay the specified amount in that particular time. If he fails to repay the amount we will takeover the land completely 80sqyds. So at present i am the owner of that plot. Unless he pay the amount to me it would not be his land. So how come he construct the basement in my land. And also we did not mention in the MOU that he can do constuction in our land and sell my land. Please suggest me how to stop him taking ownership on my land.

Ankitha   09 April 2019

"Mostly it depends upon the contents of MOU i.e, if the MOU says he own the property since the surrendering of plot through signing of the MOU, then its not illegal to construct basement"

No, its not mentioned anywhere in the MOU says he owns that property.


(Guest)
You can get injunction order from court which will prohibit him from any construction upon the area, if you are in delhi NCR, you can mail me at the undersigned.

Thanks
satyammishra181@gmail.com

Ankitha   09 April 2019

I am in hyderabad. And the property is also in hyderabad

(Guest)
So hire a lawyer from your city, its a straightforward case as of now.

kavksatyanarayana (subregistrar/supdt.(retired))     09 April 2019

Is MOU registered?  Mou means memorandum of understanding only. On executing a MOU, you will  not become owner of that property. Consult an advocate of your area file case if necessary.

Ankitha   09 April 2019

"On executing a MOU, you will not become owner of that property" Means I am the present owner of the property. On execution of MOU I am no longer owner of the property?. I didn't mention anywhere in the MOU that past owner will have rights on the property.

kavksatyanarayana (subregistrar/supdt.(retired))     10 April 2019

Yes. Get injuction orders from court to restrain the buyer from construction of basement.


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