Should MOU, Consent Terms and Declaration cum Indemnity be registered for foolproof documentation
Querist :
Anonymous
(Querist) 12 July 2011
This query is : Open
Hello All,
This is regarding a property suit in City Civil Court, for division of property between Mother and Son. The Mother has a Son and two Daughters.
The suit was settled in terms of the "Consent Terms" by executing a "Memorandum of Understanding" which states that both have agreed to settle the dispute in terms of the "MOU"
The signatures in the "Consent Terms" and the "MOU" had been witnessed by both the Daughters of the Mother.
"Consent Terms" had been filed making the terms and conditions of the MOU as part of the Consent Terms.
Both the daughters have executed "Declaration cum Indemnity", in individual capacity, confirming the terms and conditions of "MOU" forming part of the "Consent Terms". They have released all their right, title and interest in the property. They have stated that they confirm, agree and consent to what is stated in "MOU" about the division of property between the Mother and Son. They declare and confirm for themselves and on behalf of their heirs and legal representatives that they shall not claim any right, title or interest over the part of property that the Son is entitled in respect of "MOU".
The suit order states :
• “‘In view of Consent terms Exch.6, the suit along with un-registered N/M is disposed of”.
The Consent Terms state :
• The terms and conditions of MOU dated …… be treated as part of this Consent terms. The MOU shall form part of this Consent terms”.
• The daughters have executed Declaration cum Indemnity and have confirmed the terms and conditions of MOU”.
The Memorandum of Understanding states :
• Both the parties agree to sign this Memorandum of Understanding and draw consent decree in terms of what is stated herein above before the Hon’ble City Civil Court”.
• Both the parties agree to file this Memorandum of Understanding in the above matter and the above matter be decreed in terms of this Memorandum of Understanding”.
The “Declaration cum Indemnity”, from both the daughters, states :
• I hereby declare and confirm for myself and on behalf of ….. that I am not entitled to the said property and in any case do hereby release all my right, title and interest in the said property. I do hereby confirm, agree and consent to what is stated in the MOU and more particularly the following which is agreed in the MOU…..”.
In light of the above, will the Registration of MOU and Consent Terms between the Mother and Son as well as Declaration cum Indemnity of both the daughters, suffice and act as full proof document? Or, will an additional deed like Release Deed or Partition Deed be necessary? If so, then which deed will have to be prepared and registered?
My query with regard to the above is :
Will it be necessary to Register any of the above documents?
Will "Release Deed" be necessary? Will it have to be registered?
Will registration of "Consent Terms" and "MOU" suffice?
Will Stamp-duty be required to be paid? If yes, then on which document and on what amount?
any other point that you may feel necessary to clarify.
Thanking you in anticipation and looking forward to your valuable advice on the above query .
Sincerely,
Anand Shah
