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 the 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 Kolkata Law Firm have a dedicated team of Real Estate lawyers who have earned immense expertise in the matters related to the real estate industry. Our firm has 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. We 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 assisted 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 have further advised clients on foreign investments and joint ventures in various residential projects, commercial office spaces, malls, warehousing and special economic zone projects. Our firm has also advised clients on the 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 enabled us to provide state specific legal advice to clients in addition to conducting Title due diligence.
Over the years, we have catered to numerous industry giants in the construction & development sector such as ETA Star India Projects Pvt. Ltd., Anantraj Industries Ltd., KMC Constructions Ltd., DLF Universal Ltd., Emmar MGF, IRCON International Ltd., etc. 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. We have also conducted due diligence of real estate title work on several occasions for clients such as Avenue Supermarts Ltd. (D-Mart), Mahima Hospitality Pvt. Ltd., MH Developers Pvt. Ltd., Orange Reality Pvt. Ltd., etc. We have also represented various clients on BOT Projects including Pink City Expressway Pvt Ltd., in the construction of highways, flyovers, etc.
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 clients involved in BOT Projects on Pre-Bidding Due Diligence, reviewing bidding documents, drafting and vetting agreements such as Concessionaire Agreement, EPC Contracts, Annual Maintenance Contracts, 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.