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Shazia Khan   02 December 2021

Unregistered mou

Christian sole flat owner died intestate leaving husband +4children. Husband executed General PoA appointing son. Son enters into MOU with purchaser, hands over original flat original documents +possession against 66% consideration. Dispute arose between heirs. PoA cancelled. Husband +3daughters refuse sale execution against balance 34% consideration. Purchaser remedy?


 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     02 December 2021

Hello,

Buyer beware priciple apply. POA is cancelled so the purchaser has to challenge the same as geniune purchaser in court. All depends on merits of the case and how case is represented in court. 

1 Like

Advocate Bhartesh goyal (advocate)     02 December 2021

Purchaser should file suit for specific performance of contract against son ,father and daughters ( Lrs of deceased flat owner ) and  make allegations that they all with collusion entered into sale agreement of flat with him and later after having received 65% sale consideration they refused to execute sale deed. You should also deposit balance sale consideration in court so that seller can not say that you did not perform your part of contract.

1 Like

Shazia Khan   03 December 2021

Thank you Sir.

It is an unregistered MOU of 2016 and therefore will the court impound the document and direct me to first Register and pay the SD? What is the maximum penalty that may be imposed on SD in Mumbai?


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