• Can we refer a MOU in Joint Memo after expiry

Hi,

I have fighting consumer court case against one of the realstate developer in Bangalore. In the month of December 2016 we get into MOU to mutually settle the case outside court and he offered me land in another project. 

Now, MOU is expired on 8th Feb 2017 and he want me to file Joint Memo in court to withdraw all cases. After withdrawing cases he will register site on my name. These clauses are mentioned in MOU.

In joint memo they are referring MOU for detailed agreement between me and them. 
Is that MOU still valid? 
Should I trust them and withdraw cases?
Asked 7 years ago in Property Law
Religion: Muslim

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6 Answers

As far as I know an MOU does not have an expiry, therefore if the builder is assuring you that he would get the land duly registered while mentioning the mutual arrangement in the sale agreement, and also in the joint memo that is sought to be filed into court.

This should safe guard your interest despite the MOU having expired according to you.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1) if joint MOU is field in court it would be binding upon the builder

2) there must be penal clause if builder refuses to register land in your name

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Yes, MOU is still valid.

no need to worry, file an application before the court for withdrawal of the cases with revival rights, and if the builder is not ready to perform his part then you may approach the court and start you cases from the stage where the cases are in present.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. if any specific time is mentioned in the MOU for its validity then on its expiry you should withdraw the case .

2. Execute another fresh MOU and give another time line.

3. The best option is to withdraw the case first but to receive the alternative proeprty and then withdraw the case.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

There is nothing wrong in making a mention about the MOU in the joint memo to be filed for withdrawing the pending cases.

Make sure that the builder is acting as promised once the case is withdrawn

This should be endorsed in the joint memo in such a way that the alternative suggestion is also enforce if the builder is not cooperating once the cases are withdrawn.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

If the MOU has expired then a fresh MOU can be executed, on the basis of which a joint memo can be presented to the court to withdraw the case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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