Justice

Real Estate & Infrastructure Practice

In India, real estate and construction law is governed by a complex framework of federal and state legislation, including the Real Estate (Regulation and Development) Act, 2016 (RERA), the Transfer of Property Act, 1882, and the Registration Act, 1908, among others. These laws aim to protect homebuyers, ensure transparency in the real estate market, and facilitate fair transactions. Additionally, the Indian Contract Act, 1872, and the Specific Relief Act, 1963, are crucial for enforcing construction contracts

Getting Justice is moto

Criminal law practice involves lawyers representing clients in cases involving suspected crimes, either as defense counsel for the accused or as prosecutors for the state. This includes handling various aspects of criminal cases, from investigations to trials and appeals, with the goal of ensuring fair legal proceedings and achieving just outcomes for their clients

Key Legislation and Practices:

  • Real Estate (Regulation and Development) Act, 2016 (RERA):

    This Act is central to regulating the real estate sector, mandating project registration, public disclosure of project details, and ensuring transparency. It aims to protect homebuyers by requiring developers to adhere to project plans, manage funds, and resolve disputes effectively. 

     
  • Transfer of Property Act, 1882:

    This Act governs the transfer and ownership of immovable property, covering sale, purchase, lease, and other forms of transfer. 

     
  • Registration Act, 1908:

    This Act mandates the registration of property documents, creating a public record to prevent fraud and ensure the legality of transactions. 

     
  • Indian Stamp Act, 1899:
    This Act governs the levy of stamp duty on property transactions, ensuring government revenue and transparency. 
  • Indian Contract Act, 1872:
    This Act provides the legal framework for construction contracts, outlining the terms and conditions, obligations, and remedies for breach of contract. 
     
  • Specific Relief Act, 1963:
    This Act is relevant for enforcing specific performance of contracts, particularly in construction disputes where the remedy of damages may be inadequate. 
     
  • Arbitration and Conciliation Act, 1996:
    This Act provides a mechanism for resolving construction disputes through arbitration, a faster and more efficient alternative to litigation. 
     
  • Encumbrance Certificate:
    A document that reveals any existing encumbrances or liabilities on a property, providing a clear picture of the title. 
     
  • FDI Guidelines for Real Estate:
    These guidelines regulate foreign investment in the Indian real estate sector, allowing FDI in construction development but not real estate business. 
     
  • Indian Easement Act, 1882:
    This Act defines and governs easements, which are rights to use another person’s property for a specific purpose, such as access or utilities
Key Considerations:
  • Transparency:
    RERA and other regulations emphasize transparency in the real estate market, requiring developers to disclose detailed information about projects. 
     
  • Compliance:
    Developers must comply with various laws and regulations, including RERA compliance, to avoid legal repercussions. 
     
  • Contractual Agreements:
    Clearly drafted construction contracts are essential for avoiding disputes and ensuring the proper completion of projects. 
     
  • Enforcement:
    The legal framework provides mechanisms for enforcing contracts and resolving disputes, including litigation, arbitration, and RERA tribunals. 
     
  • Foreign Investment:
    FDI in real estate development is allowed, but foreign investors must comply with relevant guidelines and regulations.