Real Estate Legal Services for Property Transactions and Development

A property title search traces ownership history through revenue and registration records to confirm that the seller has clear and marketable title, and to identify encumbrances, pending litigation or discrepancies before a transaction proceeds. The findings are set out in a title report, which usually ends with an opinion on whether the title is clear and marketable.

Not in every case. Under Section 3 of RERA, a real estate project must be registered with the State Real Estate Regulatory Authority before it is advertised, marketed, booked or sold. Registration is not required where the land proposed to be developed does not exceed 500 square metres or the number of apartments does not exceed eight, inclusive of all phases. A State may lower these thresholds, and authorities have not always read them the same way, so the position should be checked for the relevant project location.

A JDA is an arrangement, commonly used in Indian real estate, where a landowner contributes land and a developer contributes construction expertise and funding, with returns shared between the parties as per the agreement, typically through a share of built-up area or revenue.

A housing society considering redevelopment should review the developer's track record, the proposed development agreement terms, regulatory approvals required, and members' rights during and after construction, ideally with legal advice specific to the state's redevelopment regulations.

The team advises on residential, commercial and township developments, warehousing and logistics, data centres, industrial units, technology parks and SEZs, and hospitality, acting for promoters, investors, lenders and occupiers.

Land title refers to the legal ownership rights over a property, while a land title deed is the specific document that records and evidences that ownership, such as a sale deed or conveyance deed registered with the Sub-Registrar under the Registration Act, 1908.

This generally includes the relevant title deeds, revenue records, survey documents and any prior agreements or court orders affecting the property, to establish the basis of the competing claims before advising on next steps.

A builder-buyer agreement sets out the terms between a developer and a buyer for a unit in a real estate project, including price, payment schedule, possession timeline and remedies for delay, and is an important document for buyers to review before purchase. RERA refers to it as the agreement for sale.

RERA applies to new projects and to projects that were ongoing on 1 May 2017, when its registration provisions came into force, and had not received a completion certificate. The Supreme Court upheld this in Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (2021). Projects that had received a completion certificate before that date are exempt from registration under Section 3(2)(b), though the relevant State's rules and orders should be checked.

Redevelopment usually requires approvals from the relevant municipal or planning authority, in addition to any consents required from existing occupants or society members, and compliance with applicable building regulations. RERA registration is generally needed where new units will be sold to outside buyers. Redevelopment that involves no marketing, sale or new allotment is exempt under Section 3(2)(c).

Construction finance refers to funding arrangements, typically from banks or financial institutions, that support the development of a real estate project, and often involves security over the project land or receivables, which is reviewed as part of related legal due diligence.

This depends on the nature of the dispute and any court orders in place. A pending title dispute is generally a significant risk factor that should be disclosed and assessed carefully as part of due diligence before a sale proceeds.

Property due diligence involves verifying title, encumbrances, regulatory approvals and compliance status of a property, and is generally carried out before a purchase, lease, financing arrangement or development agreement is finalised.

Yes, the real estate team advises both landlords and tenants on leasing arrangements, including negotiating lease terms and handling disputes that may arise during the tenancy.

Under Section 18 of RERA, if the promoter fails to give possession by the date in the agreement for sale, the allottee may either withdraw and claim a refund of the amounts paid with interest and compensation, or stay in the project and receive interest for every month of delay until possession. The interest rate is prescribed by each State's RERA rules.