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Regarding Transfer of property as per memorandum of understanding
10-Jun-2023 (In Property Law)
I have a memorandum of understanding (mou) signed in court in which it is written that rights of the property will be transferred to my name within a month if not done in any situation then i will live their as an owner.
So a year has passed and the owner of the property i.e. my father has not transferred /gifted the property to me and refuses to do so in future.
I want to sell the property to fund my son's college fee as he wants to go abroad for higher studies and i am unalbe to sell without gift deed.
So i want a solution to my aforementioned problem.
Yours seems to be a peculiar situation. The MoU sounds binding however a careful perusal of the same is needed. In case it is binding, it shall take the effect of a valid contract enforceable by law. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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Query perused. I would advise you to issue a legal notice to the concerned to deliver the possession and comply with the terms of the decree, failing which an execution petition has to be filed before the concerned Court. For further consultancy and legal services you contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Hello Sir I have perused your query. In these circumstances if the intention of the parties to create a binding agreement is evident from the contents of the MOU, then in that case it shall be enforceable in the court of law. Thus you can go for the execution of same in the competent court of law if it has not been meet with.
For further information feel free to contact me. Thank you
For further information feel free to contact me. Thank you
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Adv. Love Kumar Soni
Goa | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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