Real Estate & Property

Real Estate in India is governed by several laws & regulations such as Transfer of Property Act, 1882; Registration Act, 1908; Indian Stamp Act, 1899; The Indian Contract Act, 1872; The Real Estate (Regulation and Development) Act, 2016; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Land Revenue Codes; Foreign Exchange Management Act, 1999 and Foreign Direct Investment Policy (FDI Policy) amongst others. Additionally, it is also governed by several binding decisions rendered by various Tribunals, High Courts and the Supreme Court of India over the years upon several issues pertaining to the sector.

We at Auric Law Partners have a dedicated team of Real Estate lawyers who have earned immense expertise in the matters related to the real estate industry. Our lawyers have rendered advice and provided assistance on various matters pertaining to Infrastructure, BOT Projects, Construction & Development of commercial and residential projects including hotels, township projects, malls etc. The lawyers have provided assistance in various large scale and complex real estate transactions in India including those involving Foreign Direct Investment in development and construction businesses. Our firm has the competency to assist investors, lenders and real estate developers on several matters pertaining to real estate transactions such as investments, joint ventures, joint development, issues related to FSI & sharing of revenues, as well as in financing and restructuring of debts. We can advise clients on foreign investments and joint ventures in various residential projects, commercial office spaces, malls, warehousing and special economic zone projects. We can further advise on legal and regulatory issues during leasing, sale/purchase licensing, mortgage and collaboration transactions. Additionally, our extensive knowledge of local revenue and land laws, and the ability to deal with revenue authorities in several states along with our established relationship with the local lawyers spread across states in India has enables us to provide state specific legal advice to clients in addition to conducting Title due diligence.

We are also competent to provide services related to on site acquisition and development, contract negotiation, project bidding (public and private), project management issues, insurance contracting, regulatory and code compliance, project documentation, drafting employment and labour agreements and construction related litigation.

Our firm’s Real Estate litigation practice also includes providing assistance to clients on several issues pertaining to property such as commercial property disputes including commercial lease disputes, family property disputes, issues related to adverse possession, landlord/tenant disputes, etc.

Services provided by the Firm includes:

• Advising clients on various state specific laws as well as regulatory issues including assistance on obtaining necessary approvals from relevant authorities.
• Negotiating, reviewing and drafting of various Real Estate related contracts such as joint venture agreements, investment agreements, shareholders agreements, project management contracts, construction contracts, Concession Agreement and EPC contracts and related contracts including bank guarantees and performance bonds, etc.
• Advising and Assisting clients on entry strategy for potential investors in the real estate sector including Foreign Direct Investment.
• Advising clients on Advice on applicable local issues related to land-use regulations, zoning regulations, stamp duties and registration formalities.
• Drafting and reviewing of various deeds such as Sale Deed, Agreement to sell, Lease Deed, license agreements, Partition Deed, etc.
• Conducting due diligence investigation in real estate transactions pertaining to residential, commercial and industrial properties.
• Advice on Property tax and other taxes on real estate. and
• Assistance in Litigation and Alternate Dispute Resolution proceedings in real estate matters before the Real Estate Regulatory Authority (RERA), Arbitral Tribunals, Consumer forums at District, State & National levels, High Courts and the Supreme Court of India.