Builder buyback under mou

Saurabh Aggarwal (Querist) 18 September 2025 This query is : Resolved
Sir, I had bought a plots under these terms

The SECOND PARTY is agreed to repay to the First Partyat the rate of 18% minimum or market rate at which we sell the plots whichever is maximum by end March 2025. Whereas after receipt of the said amount by First Party, the First party must register back the Plot numbers 280 to the second party or the parties of second party.

later again I invested
The SECOND PARTY is agreed to repay to the First Party at the rate of 25% or market returns whichever is higher in 15 MONTHS proportionately from this document date whereas after receipt of the said amount by First Party, the First party must register back the Flat number 201 to the second party or the parties of second party.

After putting all my savings he has only returned 9 lakhs and is saying will pay when things are sold. I fell to the false promises due to my posting I moved to another city and I am not able to visit his office and he has stopped responding to calls. What civil or criminal action can be taken ?

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Quick Summary

This discussion concerns a builder buyback agreement where the investor provided funds with the expectation of repayment and property registration by a specific date. However, the builder has defaulted on repayment and is unresponsive. The key issue is the enforceability of the Memorandum of Understanding (MOU), which is unregistered. While an unregistered MOU may lack legal standing for property transfer, a registered mortgage deed could provide grounds for a money recovery suit. Consulting a local advocate with all relevant documents is recommended to determine the best course of action, whether civil or criminal.

Saurabh Aggarwal (Querist) 18 September 2025
I was hoping that I will get funds back by march but September has come and I havent got funds back, I have my own personal commitments for which I might have to end up taking a loan.

Saurabh Aggarwal (Querist) 18 September 2025
Can i file a cheating case since I was promised something will investing and that thing has not been delivered or a civil case since they are very slow mostly.

T. Kalaiselvan, Advocate (Expert) 19 September 2025
Is the agreement in this regard was executed by a registered document?
If yes then you can issue a legal demand notice and stipulate a time liomit to comply with the demands made.
If it is an unregistered agreement then it may not be enforceable in law, hence you may try to file a money recovery suit on the basis of the legal notice and documentary evidence of this agreement .
You can consult a local advocate and proceed as suggested

Dr. J C Vashista (Expert) 19 September 2025
It is better to show relevant records to a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

Saurabh Aggarwal (Querist) 19 September 2025
unregistered MOU's on stamp paper ,sir
but the mortgage deed is registered

T. Kalaiselvan, Advocate (Expert) 19 September 2025
An unregistered Memorandum of Understanding (MOU) for a builder buy-back is generally not legally enforceable in India, particularly if it involves immovable property, because it is not considered a formal contract and often requires registration under Indian laws like the Registration Act, 1908. While it can show parties' intentions and be used as evidence, its lack of legal weight means it cannot convey title to property, and courts typically won't enforce it for refunds or property transfers unless it meets the criteria for a binding agreement or is deemed a preliminary contract.
If there is a mortgage deed executed in your favor then you can start the process of recovering by filing a suit for recovery of your money on the basis of the registered mortgage deed.

kavksatyanarayana (Expert) 19 September 2025
If the Mortgage deed was registered in your favour, you can very well file a recovery suit based on the registered mortgage deed.

Dr. J C Vashista (Expert) 20 September 2025
You have posted facts of the case in bits and pieces, mostly when an experts has tried to extract the relevant information, which make us incapable to form proper opinion and oblige.

P. Venu (Expert) 27 September 2025
Who is first party? Who is the second?
The agreement suggests itself to be speculative investment. As such, it may not be legally enforceable.

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