My Dad made sale agreement on 103 Sq yds for 74L(G+2, G= 2 mulgies and 1BHK) with Y person, at the time of registration one person called X got the Stay from HC on mulgies(Previous we have won the case on lower court). So my dad made registration on 12.05.15 for 91Sq Yds out of 103 Sq Yds to Y for 46L. After immediate registration Y forcefully made MoU with my dad on the 2 mulgies, rent should be taken by him(i.eY) until case is clear and make registration after case is clear and he hold amount 28L on mulgies, in Court the value of 2 Mulgies is 5 lacs, but he hold 28L. After my dad demise he took undertaking withus on MoU. So no where mentioned that what if we loss the case. , So we asked about for new MoU to get clear on that pending balance of23L(if we loss the case). So he is not responding to us for new MoU. So his intention to cheat us, we have sent self notice for new MoU no response from him. so we decided not to sell 2 mulgies, and sent legal notice to cancel the MoU and return back the rents form 2015 and here after we will collect the rents of 2 mulgies, for this also he is not responded. And in MoU mentioned that we should not ask interest on 28L but no where mentioned about asking rents back . Can we cancel the MoU and Undertaking? ? Even the termination clause also not mentioned in MoU any where. What if the Y challenges in court with MoU is it legal for him? Still the 2 mulgies(left 12 Sq yds with my dad name only).
A.Dear Client,
you can file a case against him in the civil court mentioning the said facts and MOU is not legally binding but shows only the willingness of the parties. but, if consideration of money is there then also parties may go for the civil court for challenging the MOU.
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Can MoU and Undertaking On MoU can be cancelled
CHit Fund
