Jurisdiction
Abdul Latif
(Querist) 03 December 2012
This query is : Resolved
A Term Sheet prior to Lease Agreement is being entered into between one party of Hyderabad ( Lessor) and another party of Mumbai ( Lessee). Property is situated in Hyderabad. Stamp Paper for Term Sheet is of Mumbai.Term Sheet is being signed at Hyderabad. However they want to put the clause in the term sheet that read as follows :
"The Court in Hyderabad shall have exclusively jurisdiction over any dispute or difference that may arise under this Term Sheet".
Further they ask me wheteher is it legal to put both Hyderabad and Mumbai Jurisdiction.
Is it Legal? Please advise
ajay sethi
(Expert) 03 December 2012
if you dont have sucha clause in agreement both hyderbad and mumbai will hve jurisdiction . since lessee is in mumbai , payment made from mumbai then courts in mumbai will also have jurisdiction . hwoever since property is siytuated in hyderbabad , lessor is in hyderababd go for hyderbad jursidiction only
Advocate Bhartesh goyal
(Expert) 03 December 2012
JURISDICTION LIES WHERE THE PROPERTY SITUATES.IN YOUR CASE PROPERTY SITUATES AT HYDERABAD SO GIVE YOUR CONSENT FOR HYDERABAD.
Raj Kumar Makkad
(Expert) 03 December 2012
The clause inserted is legal one and even otherwise Hydrabad courts would only have jurisdiction in the given case.
R.K Nanda
(Expert) 03 December 2012
no more to add.
Abdul Latif
(Querist) 04 December 2012
Thank you sir. I did not insert the clause in the term sheet and convinced the party that it is not the mandatory to put the clause of jurisdiction and leave the matter to court to decide the jurisdiction over dispute.
I further told them since the property is situated at Hyderabad, primarily Hyderabad court will have jurisdiction.
