Real Estate
Our Real Estate lawyers supports clients across India and overseas to meet their objectives, whatever the scale of project. From initial planning to disposal of assets, we devise a customized strategy that creates value for our clients. With offices in the major cities across the country, our network of lawyers works together seamlessly to provide a holistic, sector-leading property advise.
We have worked on some of India’s most iconic real estate developments and disputes covering matters related to commercial and residential development, infrastructure, investment, property finance, hotels and leisure. Our team leverages its experience and knowledge of local regulatory issues and past engagements with various authorities to provide practical and result oriented advice.
RERA Compliance
- Advising Promoters and Developers on the various compliances under the RERA (including Waterfall Provisions)
- Registration of projects with RERA authorities
- Registration of Real Estate Agents
- Managing fund and Audit of Financials in accordance with Section 4(2)(1)(D) of the Act
- Issuing certificate of withdrawal for Specific Bank Account under RERA.
- Handling legal litigation and representing client in RERA and Appellate Tribunal
- Drafting & reviewing Brochure, Allotment Letter, Agreement to Sale and Sale Deed
- Filing Quarterly update with RERA
- Consultancy relating RERA compliances
Due Diligence
- Conducting Title Searches of the properties [Homes, Real Estate Projects, Townships, Industries and Acquisitions] with the offices of Sub-Registrar, Revenue Offices, etc. and providing Title Search Reports and Encumbrance certificates, etc. all across India.
Land Acquisition
- Structuring of Deal and advice on the Stamp duty, registration fees and other costs, drafting of Conveyance Documents, along with statutory permissions, approvals, including Change of Use of Property, etc. to be procured.
- Registration of Documents and Mutation of Land Records.
Real Estate Investment Trusts (REITs)
- Formulating and structuring the initial REITs organization
- Private placements, public offerings, including IPOs
- REIT asset restructuring, M&As and liquidation
- Tax counseling and efficient transaction structuring
- Ongoing company representation, corporate and securities counseling
- Corporate governance, regulatory and compliance matters
- Conversions of existing corporations and partnerships into REITs
Project Development
- Advising and Structuring on the Construction Contracts, Development Agreements including Joint Development Contracts, Redevelopment Agreements, etc.
- Agreements with and Documentation of Architects, Engineers, Contractors, etc.
- Drafting of the Sale/ Allotment Deeds, Possession Letters, Agreements of Sale, Lease of the plots/units under the project.
Lease
- All comprehensive Due Diligence and Title Search.
- Advise on Stamp duty, Registration and drafting of Lease Deeds, Sub-lease Deeds and Leave & License documents.
Special Purpose Vehicle Acquisitions and Investments
- Advise on myriad transactions structured around acquisition of Entities owning property.
- New Opportunities in Real Estate Sector
- Advise on new arrangements for addressing specific opportunities in Infrastructure, Tourism, Wellness Centres, Star-rated Hotels national footprints, and Single-brand concessionaire of International Brands in the Real Estate sector.
Corporate Commercial Requirements
- Fund structuring, their Formation, Deployment and Exit along with applications for obtaining necessary authorizations from Regulatory Authorities.
Taxation
- Review of projects from the perspective of Direct as well as Indirect Taxation.
- Advise alternatives to optimize Taxation exposures and potential savings thereof including Stamp Duty.
- Advise on tax-efficient structuring of investment in Real Estate, availing tax exemptions for minimization of impact of Corporate Tax, Dividend Distribution Tax, Minimum Alternate Tax, etc. as well as for minimizing applicable taxes on investor’s exit from the project.
Real Estate Dispute Resolution
- Provision and representation in Real estate related litigation before all the forums- Supreme Court of India, High Courts, NCLT, NCDRC as well as Stamp Collectors including major property transaction disputes, Enfranchisement, Possession, Tenancy, Insolvency, Stamp Duty evasion, Specific Performance of the Contract, etc.
- Advise on the Alternative means to resolve property disputes.
Venture Capital Issues
- Advise on Venture Capital Fund Structuring, their Formation, Deployment and Exit.
Miscellaneous
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Drafting and review of Maintenance Agreement, Service Agreement, Amenities Agreement, Escrow agreement, Builder Agreement, Engineering, Procurement & Construction Contracts, Management and Operations Agreement, Master Purchase Agreement, Bank Guarantee, Franchise Agreement, etc.
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Drafting and Registration of Special and General Power of Attorney, Family Settlement, Partition Deed, Mortgage Deed, Gift, Will, etc.
