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MOU given by children to mother entitling her to receive rents from properties
MOU format required to be issued by four children to the Mother. Further to the demise of the Father, their four children want to permit their Mother to collect, use and enjoy the rents from the properties owned by their Father and Mother, till her death or till such time whenever she decides to transfer the rents to their children. Note : This is an express consent which should be superceding the Will made by the demised Father, which has detailed the share of the properties to the children but have not mentioned the rental benefits to anybody in particular.
Asked 5 years ago in Property Law
Religion: Hindu
17 Answers
Yes, this MoU can be made among all legal heirs as per their wish according to respective share mentioned in the father's WILL.
If you want I can prepare MoU for you.
Hello!
There is no standard format which can be shared here. You may contact me or any other advocate over a phone call with all the details and get the same drafted.
Best wishes.
Instead of what has been suggested by you, all the 4 children can execute a registered POA in favour of their mother, authorising her to collect and enjoy the rental income of the properties during her lifetime.
Hello,
- What you will require under circumstances is not an MOU but a Power of Attorney authorizing the mother to collect, use and enjoy the rents from the properties owned by your Father and Mother, till her death or till such time whenever she decides to transfer the rents to her children. As your father's will has already allocated the properties to you this would be the appropriate document.
- It would suffice to have the Power of Attorney notarized by a notary public.
You need to contact Advocate in person with all the relevant documents (Will) and other details, based on which the required documentation will be done.
There are Advocates hailing from your are listed on this web site, you can contact them.
There is no specific format, it will be tailor made based on the needs of person i.e., case centric.
You need to get it drafted from a lawyer while taking exclusive service from him through kaanoon
For this format you need to contact particular lawyer and details of family and WILL are required
A single document may be drafted and signatures of all the beneficiaries should be taken on that document and it be registered.
It is fine. Such MoU coupled with Special Power of Attorney in favor of mother is more feasible as MoU can not bind the third parties where as POA authorize your mother to collect the rents as a Representative.
If children disclaim the Will than mother automatically inherit the whole property including rent income attach to such property. So there is no need to decline the inheritance, just execute MOU for proper understanding and POA in faovr of mother authorizing her take decision related to property and collect rent.
- MOU is a statement of understanding between two or more parties which when made has no enforceability in the eyes of law , as such an agreement has no intention to create a legal bond between such persons.
- Further , no stamp duty is required on MOU, but if the MOU for an agreement to purchase immovable property worth more than Rs. 100/- , then it is mandatory to be registered and stamped .
- Hence, you all can enter MOU for the said permission to your mother , however you all can execute a registered Power of Attorney as well to attorn her to collect the rent .
If the children along with the mother are having equal share in the property and the children would like their mother to collect the rental amount on their behalf too, they can execute a special power of attorney deed mentioning the purpose and reason for this power of attorney deed.
This is the only option before them to allow their mother to collect the rental income from the property on behalf of them too.
For writing a power of attorney you can contact either a local deed writer or an advocate.
This special power of attorney need not be executed by a registered deed.
Engage an advocate who deals in such matters to draft the same.
You should visit a local advocate for drafting of MoU with details of parties and properties.
Dear Sir/Madam,
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