With the exponential spurt in housing projects and commercial real estate in India, especially in the last two decades, this practice area has been at the core focus and forefront for many legal practitioners. The banking sector has largely fuelled this growth in real estate with far more accessible debt and real estate has been one of the major drivers for banking sector whether for channelling a large part of the debt or using real estate as collateral for driving debts – both bearing a critical symbiotic relationship to each other.
Our firm specializes in providing comprehensive legal advisory services within the banking and real estate sectors. A significant portion of our focus is dedicated to advising banks and financial institutions on real estate projects and home loans. We have established strong partnerships with numerous financial institutions, by being empanelled with them, and actively engaged to conduct title due diligence and provide opinion on the title of properties intended for mortgage in debt financing transactions. Furthermore, the firm is also actively engaged in conducting title due diligence for high-value housing projects as part of the crucial step for real estate developers to secure approvals from banks and financial institutions for their housing projects in launch and pre-launch stages ultimately facilitating access to home loans for end consumers.
We also advise on numerous real estate acquisition transactions for corporate multinational corporations, domestic companies and individual buyers where our advice covers the entire life-cycle of such transactions, from structuring and title diligence to negotiation, preparation of transaction documents and closing.
Our firm regularly advises on joint ventures and collaborations between landowners and real estate developers for high value housing projects, factories and manufacturing projects, industrial and tech park projects etc.
We leverage our understanding of the local regulatory frameworks and years of experience in liaising with several government agencies to provide our clients with reliable advice and solutions for smooth closure of transaction catering to ths clients' needs.
While a significant part of our Real Estate practice is non contentious, advisory and transactional in nature, we have also handled complex legal disputes pertaining to real estate. The team is highly experienced in settling claims arising from contracts, title related issues, construction disputes, etc.
The real estate advisory practice involves:
- Drafting, negotiation and finalisation of several documents such as Sale Agreements, lease agreement, conveyance deeds (such as sale deed, release deed, settlement deed, gift deed, partition deed etc.), Loan and mortgage related agreements, Joint Development Agreements, Construction Agreements
- Advice on structuring of projects based on regulatory issues and prevalent market practices;
- Legal - investigation of ownership title and provided title ownership report/opinion;
- Independent verifications in title clearances with regulatory authorities;
- Advice on cross border purchase and sale – especially NRI investments in real estate and sale & repatriation of proceeds;
- Advice on resolving any title related issues – which could include liaising with any concerned government authorities for obtaining approvals, permits etc.;
- Liaising with government authorities for assisting in obtaining title related documentation;
- Advice and assistance with stamp duty and registration requirements.