One party modifying agreement subsequently without consent of other party

[Anonymous]

One agreement in the form of MOU is signed between two parties and there are two witnesses also. But this MOU is not registered though it is on Rs. 50 stamp paper (first paper is stamp paper and other pages are plain papers signed by all). Now two months after the MOU one party to the agreement has made some change in the terms by handwriting inserting a new sentence as a condition which did not exist earlier. Second copy of MOU does not have this handwritten change. Other party and witnesses have not certified such changed by putting their signatures near change. However, one of the witnesses is real brother of the party which made the change due to which he will support his brother. What can be done in this case? Is it an offence to change the agreement like this on a subsequent date? Can this agreement become invalid and not enforceable due to this alteration / modification made by one party alone?

[Dr. Ashok Dhamija]

An agreement is what is agreed to between two or more parties. A unilateral modification by one party to the agreement, made subsequent to the execution of the agreement, does not bind the other party. What is binding is only what has been agreed to by both the parties. You have also mentioned that the second party and the witnesses have not put their signatures to certify the handwritten changes made to the initially agreed MOU. So, the modification will be invalid and of no effect in law.

Secondly, if this subsequent modification has been made with a dishonest or fraudulent intention with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property (as is described in Sections 463 and 464 of IPC), then such modification to a previously existing MOU may even amount to the offence of forgery. Depending upon details facts of your case, i.e., if such dishonest intention is also clear, you may file a complaint with the police or the court, as the case may be.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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