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Law Practice Areas – India

Below is a snapshot of the core practice areas we handle for clients operating in or connected to the Indian legal market. Each area is supported by a dedicated team with deep sector knowledge and hands‑on experience.

Practice Area Services:
  • 1. Corporate, Commercial Companies & Start-ups
  • 2. Investors Incorporation
  • 3. Mergers & Acquisitions, Joint Ventures
  • 4. Shareholder Agreements
  • 5. Contract Drafting for Real Estate & Property Developers
  • 6. Title search
  • 7. Land Acquisition
  • 8. Project Finance
  • 9. Lease & Sale agreements
  • 10. Litigation & Arbitration
  • 11. Property Registration & Transfer
  • Tailored Expertise : Each practice area is led by lawyers who live in that sector, ensuring commercially viable advice.
  • End‑to‑End Support : From strategic planning to execution and dispute resolution, we stay with you through the entire lifecycle.
  • Cross‑Border Capability : With alliances in the UK, Singapore, and the US, we handle multi‑jurisdictional matters seamlessly.

Ready to explore how we can add value to your specific needs?
Which practice area(s) are you most interested in, or would you like a deeper dive into any particular service?

Real Estate Law in India – Quick Overview
1. Core Legal Framework
Statute What It Governs

Key Points The Real Estate (Regulation and Development) Act, 2016 (RERA) Registration of projects, transparency, buyer protection Every commercial & residential project > 500 sq m must register with the state RERA authority; developers must disclose timelines, financials, and a separate escrow account for 70 % of collected funds.

The Transfer of Property Act, 1882 (TOPA)

Transfer of ownership, rights, and interests in immovable property Governs sale deeds, mortgages, leases, and gifts; requires a written instrument and registration under the Registration Act, 1908.

The Registration Act, 1908

Registration of documents relating to immovable property Compulsory registration of sale deeds, mortgages, leases > 12 months; provides public notice and evidentiary value.

The Indian Contract Act, 1872

Validity of agreements (sale agreements, lease deeds, etc.) Ensures offer, acceptance, consideration, and free consent; any breach can be enforced in court.

The Land Acquisition Act, 2013 (as amended)

Acquisition of land by the State for public purpose Requires fair compensation, rehabilitation, and resettlement; impacts developers when land is acquired for projects.

GST Act, 2017

Tax on construction services, sale of new buildings 12 % GST on under‑construction units (with input tax credit) and 5 % on affordable housing; no GST on sale of completed residential property.

Foreign Exchange Management Act (FEMA), 1999

Foreign investment in Indian real estate Allows 100 % FDI in construction‑development projects (subject to sectoral caps) and NRI/PIO/OCI investments in residential property (up to 2 units).

2. Key Compliance Steps for Different Stakeholders

A. Developers / Builders

  • Register the project with the state RERA portal before marketing.
  • Deposit 70 % of all buyer collections into a separate escrow account.
  • Obtain necessary approvals: land title, building plan, environmental clearance, fire safety, etc.
  • Issue a “Letter of Allotment” and a “Sale Deed” after full payment.

B. Buyers (including HNIs & NRIs)

  • Verify RERA registration number and project status on the state RERA website.
  • Conduct a title search (encumbrance certificate, property tax receipts, prior sale deeds).
  • Ensure the developer has a clear “No‑Objection Certificate” (NOC) from the lender if the land is mortgaged.
  • Check for any pending litigation or municipal dues.

C. Financial Institutions

  • Perform due‑diligence on the developer’s title and RERA compliance before disbursing loans.
  • Register the mortgage deed with the Sub‑Registrar of Assurances.
  • Monitor escrow account withdrawals to protect the lender’s security interest.
D. Brokers / Agents
  • Register with the state real‑estate regulator (where required).
  • Maintain transparent brokerage agreements and disclose all commissions.
  • Ensure the transaction documents are duly stamped and registered.

E. End‑Users / Tenants

  • Verify the landlord’s title and obtain a “No‑Objection” from the building management (if applicable).
  • Register the lease deed if the term exceeds 12 months.
  • Keep copies of utility bills and property tax receipts for proof of possession.
3. Common Legal Issues & Remedies
  • Delay in possession – Claim refund or compensation under RERA; may also approach consumer courts.
  • Defective title - Buyer can rescind the contract or claim damages; developer may be liable for breach.
  • Construction defects - Warranty period (5 years for structural defects) under RERA; can file a complaint with the RERA tribunal.
  • Mortgage foreclosure - Lender follows the SARFAESI Act, 2002 for enforcement; borrower can challenge in DRT (Debt Recovery Tribunal).
  • Foreign investment disputes - Resolve via arbitration (often under the ICC Rules) as per the FEMA guidelines.
4. Recent Reforms (2023-2024)
  • Simplified RERA registration - Introduction of a single‑window online portal for faster approvals in several states.
  • Affordable Housing Incentives - Reduced GST (5 %) and faster approvals for projects under ₹5 crore.
  • Digitisation of land records - Many states have launched blockchain‑based land registries to reduce title fraud.
  • Amendments to the Insolvency & Bankruptcy Code - Allow faster resolution of distressed real‑estate assets, benefiting both lenders and buyers.
What would you like to explore next?
  • Specific procedures for buying a residential unit as an NRI?
  • Due‑diligence checklist for a developer?
  • How RERA impacts a particular state’s real‑estate market?
  • Just let me know, and I’ll dive deeper into the area you need.
Possession Cases

RERA Refund & Possession Cases

The Supreme Court’s 2021 judgment in M/s. Newtech Promoters & Developers Pvt. Ltd. v. State of Uttar Pradesh (LL 2021 SC 641) set the tone: a home‑buyer’s right to a refund with interest for delayed possession is “absolute and unconditional” .¹ Building on that, the 2025 decision in Greater Mohali Area Development Authority (GMADA) v. Anupam Garg (2025 INSC 808) clarified that builders must honour contractual timelines and that any compensation for delay cannot be stacked with other reliefs .² The Karnataka RERA order in Abhishek Reddy Gujjala v. Ozone Urbana Infra Developers (CMP/00754/2024, 3 Apr 2025) applied the same principle, ordering a refund of ₹31.46 lakh plus interest because the developer failed to deliver the plot as promised .

Successor‑Developer Liability

A recent Real Estate Appellate Tribunal (REAT) ruling in Mumbai (Nov 27 2025) held that a new promoter who takes over a stalled project must honour the original allotment contracts. The tribunal treated all partners and directors of the successor entity as jointly and severally liable, invoking the broad definition of “promoter” under RERA .³

Specific‑Performance & Impleadment

In M/S J N Real Estate v. Shailendra Pradhan (2025 INSC 611), the Supreme Court allowed a transferee pendente lite to be impleaded as a “proper party” in a specific‑performance suit. The Court emphasized that even a non‑necessary party can be added if its presence helps complete adjudication, reinforcing the wide discretion courts have under Order I Rule 10(2) CPC .⁴
These cases illustrate how Indian courts are tightening protection for buyers, enforcing RERA’s refund‑with‑interest mandate, and extending liability to successor developers and third‑party purchasers.
Would you like to dive deeper into any of these judgments, or explore how they might apply to a specific situation you have in mind?