AI Overview...
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Registration of MoU - The provided sources indicate that the registration of a Memorandum of Understanding (MoU) is generally not mandatory unless specified by law or for certain types of agreements, such as those involving immovable property or specific statutory requirements. For example, the court in one case held that an MoU was not a family settlement and did not require registration Babita Jain VS Meena Devi @ Meena Jain - Delhi, and another case noted that an unregistered deed did not invalidate the agreement Vistra ITCL India Limited & Ors VS SATRA PROPERTIES (INDIA) LTD & Ors - National Company Law Appellate Tribunal.
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Mandatory Registration for Specific Agreements - Certain agreements involving immovable property, such as sale deeds and transfer of property, require registration under the Registration Act, 1908. For instance, agreements creating rights in immovable property that are not registered can be challenged or deemed invalid Deepak Arora VS Rashmi @ Himashi Goel - Delhi, Hindustan Aviation Academy VS Indira Gandhi National Open University - Delhi.
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Exceptions and Legal Interpretations - Some sources clarify that preliminary agreements or MoUs not intended to transfer property or create legally enforceable rights may not require registration. The courts have distinguished between agreements that are registrable and those that are not, based on their nature and purpose Babita Jain VS Meena Devi @ Meena Jain - Delhi, State Industries Promotion Corporation of Tamil Nadu Limited VS Singapore Reality Private Limited - Madras.
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Specific Cases and Statutory Provisions - The Indian Registration Act, 1908, mandates registration for certain documents, but does not make registration universally mandatory for all MoUs. For example, institutions and agreements related to education or licensing may not require registration Hindustan Aviation Academy VS Indira Gandhi National Open University - Delhi, Udaya Bhanu Associates, Rep. By its Managing Partner VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Registration And Stamps) Department - Andhra Pradesh.
Analysis and Conclusion:
Registration of an MoU is not universally mandatory. It depends on the nature of the agreement and whether it involves immovable property or statutory requirements. Agreements that create rights in immovable property or are intended to be legally enforceable generally require registration under the Registration Act, 1908. Conversely, preliminary or non-binding agreements, such as certain MoUs, may not need registration unless specified by law. Therefore, the necessity of registration must be assessed case-by-case based on the agreement's purpose and legal context.
Search Results for "Registration of Mou is Mandatory or Not"
2021 Supreme(Online)(KER) 26837 • India - High Court of Kerala
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
Issues: Whether the Directorate of Radiation Safety should resume regulatory inspections for X-ray units post-MoU expiration ... It is mandatory that x ray units shall not be operated without valid Registration/License. At the same time, more than 3000 X- ray units are illegally functioning and continuing their activities without any AERB action. ... DRS Kerala was functioning effectively upto 31.12.2016 and Authorisation to DRS Kerala was not renewed from 01.01.2017 for not signing a....
2025 Supreme(Online)(NCLAT) 401 • India - National Company Law Appellate Tribunal
Hon'ble Justice Rakesh Kumar Jain (Member(Judicial)) , Hon'ble Justice Mohammad Faiz Alam Khan (Member(Judicial)) , Hon'ble Mr. Naresh Salecha (Member (Technical)) ,
The Respondent Nos. 2 to 6 contended that the MoU’s unregistered status does not render it invalid, as registration is not mandatory for preliminary agreements under the Transfer of Property Act, 1882. 24. ... The Respondent Nos. 2 to 6 contended that the deed’s unregistered status does not invalidate it, as registration is not required for cancellation agreements. ... intended to acquire immovable property valued at Rs. 75 Crores without any registration#HL....
2019 0 Supreme(Del) 1789 • India - Delhi
YOGESH KHANNA
and does not require registration. ... The court held that the MOU was not a family settlement as it was not signed by all family members and did not require registration ... Finding of the Court: The court found that the MOU was not a family settlement and did not require registration. ... Firstly Ex.DW1/1 is not signed by all the family members; secondly it nowhere records it....
2014 0 Supreme(Mad) 624 • India - Madras
N.PAUL VASANTHAKUMAR, P.DEVADASS
imposed in the MOU, allotment orders, and sale deeds had not been breached by the petitioner. ... The writ petitions were maintainable despite the existence of an arbitration clause in the MOU, as the facts were not in dispute. ... The respondents had violated the principles of natural justice by not issuing a notice to the petitioner before cancelling the MOU ... As EIA clearance could not be obtained from the Government of India, the contract itself got frustrated. ....
2021 0 Supreme(Del) 2403 • India - Delhi
AMIT BANSAL
CPC - Family Property Dispute - Order VII Rule 11 - Section 17 of the Registration Act, 1908 - Article 59 of Schedule I of the ... The plaintiff sought reliefs of declaration, possession, mandatory injunction, and permanent injunction against the defendant. ... Issues: Validity of the suit, authenticity of the MoU, and limitation period for the suit. ... Admittedly, the MoU is not a registered document. (iv) The MoU which is purporting to create rights in an immovable property in favo....
2013 0 Supreme(Del) 882 • India - Delhi
V.K.JAIN
Final Decision: The court directed the institutes to submit the list of admitted students for verification and issuance of registration ... Indira Gandhi National Open University Act, 1985, contains no provision for setting up colleges having classrooms on the lines of regular colleges, where attendance to the classes is a mandatory requirement for the students and if they do not attend specified percent of the total classes, in a term/year ... The examination shall be held within four weeks of issuing the registration n....
2023 0 Supreme(AP) 1535 • India - Andhra Pradesh
V. SUJATHA
would not be valid. ... The unilateral registration of cancellation deeds was held to violate principles of natural justice. ... (A) Constitution of India - Article 226 - Registration Act, 1908 - Cancellation of documents - The petitioner challenged the cancellation ... Commencement of arbitral proceedings within period stated in Section 9(2) of the Act is made mandatory by parliament. ... Intention of parliament in making commencement of arbitral proceedings within period stated in Section 9(2) mandatory#HL_EN....
2018 0 Supreme(Mad) 2520 • India - Madras
N.SATHISH KUMAR
plaintiff registered as Document respectively be cancelled and the defendant ordered to recovery the lands by a Registered Deed -For mandatory ... obligations under the contract and under the sale deeds. to declare that the Sale Deeds executed by the 2nd plaintiff pursuant to the MOU ... Hence, the suit filed before this Court is not maintainable. ... Similarly one of the crucial terms of the MOU was that the first phase of 2000 housing units was to be completed within three years of the date of the registratio....
2020 0 Supreme(Bom) 218 • India - Bombay
R.K.DESHPANDE, MILIND N.JADHAV
in respect of manufacturing and marketing of soil testing fertilizer recommendations without having facility of testing of two mandatory ... IARI are Government of Indias establishments consisting of renowned Scientists having expertise in field - Their bona fides are not ... It is the contention that the STFR Meter is not referred to as mini lab in the MoUs of these licensees with ICAR and IARI. 25. It is not in dispute that Copper and Nitrogen are the two mandatory parameters of soil testing. ... ICAR....
2023 0 Supreme(Cal) 458 • India - Calcutta
SABYASACHI BHATTACHARYYA
Article 54 of the Schedule I - Arbitration and Conciliation Act, 1996 - Sections 9,11 and Section 11, sub-sections (4), (5) or (6) - Registration ... – Held, There is no scope of refusal to refer matter to arbitration, admittedly there is the existence of an arbitral clause in MOU-in-question ... It is disputed that the Scheme of 1996 framed by this Court is mandatory, as it is not couched in negative language. 29. ... Hence, an element of discretion has been introduced and it is not always m....
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