Maintainability of mou

Prerana m Agavekar (Querist) 24 April 2018 This query is : Resolved
Whether MOU should be challenge before the court after 3 yrs? the MOU is not registered it was only notarized. the Party of second part has paid 75% amount to the the party of first part but till today the party of first part avoid to make an agreement and also avoid to handover the possession of the property.

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Ms.Usha Kapoor (Expert) 24 April 2018
Non notarized non registered MOU has no legal validity. You can challenge it now to get get refund of your money on quantum Meruit basis(so far as done) and from a void contracts no rights flow). You can enter into a fresh agreement of sale/sale deed and get it registered and -purchase the property. with possession if you want. File a suit in civil court for declaration and possession.