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Unregistered Memorandum Of Understanding


15-Apr-2023 (In Civil Law)
The builder prepared an Unregistered Memorandum Of Understanding for all residents of a building with 4 floors. In the Memorandum the rights of usage of comman area and lift etc are defined. Now 3 residents are refusing to pay for maintenance charges for lift. One resident is ready to bear total maintenance cost of lift but in that case he will have exclusive rights to lift and no other resident can use the lift. The Memorandum also states the same. Now is that one residence entitled to this claim with unregistered MOU.
Answers (3)

Answer #1
507 votes
that can be done registration or non registration of MDU has nothing to do with respect to the rights and obligations which comes along with the agreement . therefore once the IMO is signed it is binding upon the parties. now if one party to the agreement is willing to bear all the expenses and want exclusive use all the left that can be done if it's been stated in the agreement but for that and intimation notice has to be provided to all other buyers and an offer after giving them an adequate opportunity if they don't suffice then later part of the moy you can be executed
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

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Answer #2
642 votes
It doesn’t matter whether mou is registered or not, mere endorsement is enough …u can go for suit for recovery or suit for injunction to get the payment released via court will all the bill n evidences..
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Advocate D. Khan

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Answer #3
658 votes
A Mou with such conditions may be challenged as being a Voidable Agreement. The clauses mentioned herein for the exclusive right of using the lift are unheard of and the same is particularly shaky. I would encourage the affected parties to move to the court and get this MOU cancelled/declared void.
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Advocate Kunal Sinha

Adv. Kunal Sinha

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