Clause of arbitration in case of Property dispute.

937 votes

Firstly you must state who are the parties to the agreement/lease deed with Reliance Infratel. If you are a party then the arbitration clause is binding on you. In that case, you can issue a legal notice to your father along with Reliance Infratel demanding for your share of payment. If he denies, then a dispute arises and after that you must issue a notice to your father intimating him your intention to invoke arbitration clause. Thereafter once an arbitrator is appointed as per the arbitration clause, the matter can be submitted to the arbitrator fora adjudication. After the recent amendment to Arbitration Act, any arbitration case has to be completed in 12 months. So compared to filing a case in a court, you are better off before an arbitral tribunal.

However, if you are not a party to the agreement/lease deed with Reliance Infratel, then the arbitration clause does not apply to you. You will have approach a civil court, preferably after issuing a legal notice (since the amount is only 5 lakhs it is always better to send a notice and explore possibility of a settlement rather than waste time and money in a court over such a paltry amount) If you choose to go to a court then the basis of your claim is basically that you are also a co-owner along with your father and brothers and therefore a share of the rent must also come to you. This is further supplemented by the fact that the bank account to which Reliance Infratel remits money is also a joint account.

Therefore first clarify if you are a party to the agreement then decide on either course of action as stated above. In case of any further doubt/clarification please feel free to contact me.

Advocate Asif Ahmed LawRato

722 votes

Dear concerned,
As u have mentioned that the % of property share is 25 so that rest all based on the details mentioned in the agreement of that with the firm and need to revise the agreement on expiry of the same .
Regards

Advocate JK Patel LawRato