Reliance telecom tower (rental arrears)
Vinay
(Querist) 26 October 2022
This query is : Resolved
Hi, would need a genuine advice regarding the subject line:
1. We are Hindu Undivided Family, property where the tower is located is a self acquired property by my mother and she passed away intestate in Feb 2016
2. I'm the only child to my mother, property has been moved in my name after my father's demise in Aug 2019
3. My mother entered into an agreement with Reliance Infratel Ltd (earlier led by MD Anil Ambani) now god knows who it is for a period of 15 years starting Aug 2008
4. After multiple reminders, phone conversations etc and they fail to clear the arrears of rent + remove the tower (as its non operative any more). Rental agreement will expire on Aug 2023
5. Agreement terms and conditions are one sided which was executed with my mother during Aug 2008
6. Account to where rent was credited is still active and the account was in my mother's name earlier has been moved to my name now.
Questions:
1) Can I as the right legal owner of the property take the arrears of rent from Reliance Communications?
2) What are my options in getting my arrears of rent with interest paid
3) Should I take a legal route before the rental agreement expires or wait till it expires and then take seek remedy?
4) Tower and other assets are still on my property , once agreement expires what will happen to them? What if Reliance does not come forward to remove a dead weight on my property which is affecting my other tenants and building structure and strength is compromised.
5) What is the best way to get Reliance off my premises and me taking over the possession of the rented premises
Seek an expert's help as its causing enough financial distress and also jeopardizing the building safety and strength. Any additional details related to agreement if asked I can share it.
kavksatyanarayana
(Expert) 26 October 2022
Send a legal notice to the company to clear the arrears of the rent up to date. What are the terms and conditions of the lease regarding the lease period and for rent dues etc, noted in the lease deed? The company shall hand over your property as it is when you have given on lease.
Vinay
(Querist) 27 October 2022
Important Clauses picked related to rent
a) To pay to the Lessor, a monthly rent of Rs.19,500/- subject to deduction of taxes as may be applicable from time to time, on or before the 10th day of the succeeding month. This amount is inclusive of present and future municipal taxes, levies and all other outgoings payable to any statutory or government bodies/authorities, etc., in respect of the demised premises. The lease rentals shall be enhanced by 1096 on completion of every 3 years.
b) The Lessee shall be entitled to remove all its belongings installed and found in the demised premises and hand over vacant and peaceful possession thereof to the Lessor without claiming any right, title or interest in the demised premises or any part thereof under this Agreement on expiration of the term of this agreement or sooner determination as provided herein whichever is earlier;
C) If the monthly compensation payable by the Lessee remains in arrears for a period of three months, the Lessor shall give three months' notice in writing calling upon the Lessee to pay the same and on failure of the Lessee to pay the same during the notice period, save and except by the Orders of Court/Statutory Bodies/Authorities, the Lessor shall be entitled to terminate this Agreement and if the payment is made within the notice period the notice shall stand revoked.
d) It is hereby agreed between the parties hereto that the Lessor shall not terminate the lease during the term of the lease if the Lessee complies with all the terms, conditions and obligations required to be performed by it under this Agreement, but the Lessee shall have the option to terminate the lease at any time by giving three months' notice to the Lessor.
e) It is hereby expressly agreed that if at any time there shall arise any dispute, doubt or difference or question with regard to interpretation of the contents of this agreement or in respect of the rights, dues and liabilities of the parties hereto arising out of these presents, then, every dispute, doubt, difference or question shall be referred to Arbitration as per the Provisions of the Arbitration & Conciliation Act, 1996 and the Rules framed thereunder. Two Arbitrators are to be appointed, one by each of the parties and third to be appointed by the said two Arbitrators. The decision of the Arbitrators shall be final and binding to the parties to this Agreement.
f) The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Bangalore only with regard to any question or matter arising out of this agreement and any other documents that may be executed by the parties hereto or any of them in pursuance hereof or arising here from.
Vinay
(Querist) 27 October 2022
Important Clauses picked related to rent a) To pay to the Lessor, a monthly rent of Rs.19,500/- subject to deduction of taxes as may be applicable from time to time, on or before the 10th day of the succeeding month. This amount is inclusive of present and future municipal taxes, levies and all other outgoings payable to any statutory or government bodies/authorities, etc., in respect of the demised premises. The lease rentals shall be enhanced by 1096 on completion of every 3 years. b) The Lessee shall be entitled to remove all its belongings installed and found in the demised premises and hand over vacant and peaceful possession thereof to the Lessor without claiming any right, title or interest in the demised premises or any part thereof under this Agreement on expiration of the term of this agreement or sooner determination as provided herein whichever is earlier; C) If the monthly compensation payable by the Lessee remains in arrears for a period of three months, the Lessor shall give three months' notice in writing calling upon the Lessee to pay the same and on failure of the Lessee to pay the same during the notice period, save and except by the Orders of Court/Statutory Bodies/Authorities, the Lessor shall be entitled to terminate this Agreement and if the payment is made within the notice period the notice shall stand revoked. d) It is hereby agreed between the parties hereto that the Lessor shall not terminate the lease during the term of the lease if the Lessee complies with all the terms, conditions and obligations required to be performed by it under this Agreement, but the Lessee shall have the option to terminate the lease at any time by giving three months' notice to the Lessor. e) It is hereby expressly agreed that if at any time there shall arise any dispute, doubt or difference or question with regard to interpretation of the contents of this agreement or in respect of the rights, dues and liabilities of the parties hereto arising out of these presents, then, every dispute, doubt, difference or question shall be referred to Arbitration as per the Provisions of the Arbitration & Conciliation Act, 1996 and the Rules framed thereunder. Two Arbitrators are to be appointed, one by each of the parties and third to be appointed by the said two Arbitrators. The decision of the Arbitrators shall be final and binding to the parties to this Agreement. f) The parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the competent Courts in Bangalore only with regard to any question or matter arising out of this agreement and any other documents that may be executed by the parties hereto or any of them in pursuance hereof or arising here from.
Dr J C Vashista
(Expert) 27 October 2022
Q 1 & 2 did you demand outstanding rent ?
Q 3 Do not wait for termination (expiry) of agreement.
Q 4 Show the agreement to a local lawyer and discuss with lessee (RIL) for removal of tower and other paraphernalia installed in the building.
Q 5 Issue legal notice.
Such long queries can not be considered for obligation of experts.
Consult and engage a local prudent lawyer for better appreciation of facts, professional Consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding to protect your interest.
R.K Nanda
(Expert) 27 October 2022
query too long to reply on free site.
Vinay
(Querist) 27 October 2022
Thank you Dr J C Vashista, kavksatyanarayana for your advice. Have consulted well known two local advocates and they have given two separate opinions hence forth the question out here. The Lease deed executed by RIL has not registered in 2008 when it was executed with my mother when she was alive.
@ Dr J C Vahsista: Q1 & 2: Yes, it is done on many times, on phone and also in writing (atleast 3 to four times) but no response from RIL
Q3: If at all this turns into a ex-partee judgement then how will I be able to get RIL pay the rental arrears + remove their assets from my premises and handover the space to my possession
Thank you for your valuable advice.
@R.K Nanda: Thank you sir for your response.
Dr J C Vashista
(Expert) 28 October 2022
Issue legal notice to RIL followed by a suit for recovery and permanent injunction through a local prudent lawyer.
