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February 22, 2021
Since its inception, Real Estate has been a core practice area for our Firm. Over the past 60 years and more, we have advised Clients on more than 10,000 transactions. Over the last two decades, the Real Estate industry has witnessed tremendous growth and is now transitioning towards being more regulated and organised.
The Firm has decades of experience in all facets of Real Estate laws. We assist and advise our Clients in all aspects pertaining to acquiring, selling, leasing and/or construction and development of property, whether our Client is dealing with Real Estate in a personal or commercial capacity.
Over time as the Real Estate industry matured and transaction structures evolved from traditional vanilla transactions like buying, selling or leasing, to more complex structures, like equity investment and debt financing of Real Estate development, investments in high rental yielding Real Estate, foreign direct and private equity investments, integrated township development, real Estate investment trusts, fractional ownership of Real Estate etc. the Firm has stayed ahead of the curve by providing innovative, practical and effective solutions for its Clients.
Further, in order to meet the ever growing demands of the Real Estate Industry in India, Real Estate service providers like project management consultants, brokering, property management services etc also developed as a part of the industry .The Firm has a dedicated team of solicitors, advocates and notaries who are competent and experienced in advising and assisting it’s clients in all types of Real Estate transactions and services.
We offer complete support and assistance from the commencement till completion of any transaction, by undertaking a thorough title due diligence of the property, ascertaining legal title and marketability of the property, issuing title reports/certificates, advising on legal and tax efficient structures, drafting the necessary documents, attending to execution of the documents, assisting in payment of stamp duty and registration of the necessary documents with the concerned authorities.
- Over 10000 transactions
- End to end services
- Dedicated team
- Acquisition, sale or lease
- Construction & development
- Private & commercial
NEED ADVICE?
By asking a question, you are doing so of your own volition and the same shall not amount to solicitation by Dhruve Liladhar & Co and/or any of its it’s members.
FAQS
What is Real Estate Law ?
Real estate law is the area of law that governs buying, using and selling of property particularly immoveable property. It’s the law that governs how people acquire property and what they can do with the property that they own. Real estate law is also called real property law.
Why do I need to hire an advocate/firm, if I am purchasing or selling property?
Unlike buying or selling of day to day items, while purchasing property you would be signing contracts and a substantial amount of money will likely be involved, it is therefore advisable to engage advocates to protect your interests and ensure that the entire process is legal and valid.
Is there anything I should do before purchasing a property or land?
The title of the property should be searched to ensure that the property is marketable, free and clear of any claims or liens. A real estate advocate can do this for you and ensure that it’s safe to go ahead and purchase the property or land you’re interested in.
Why are my purchase or sale documents in respect of property required to be registered with the Government Authorities?
Registration of sale/purchase documents in respect of property on registration become a public record and is deemed to be a notice to the general public that such immovable property has been transferred by the owner to the new buyer.
Once the document is registered the world at large are deemed to have had notice of the same. Indian Registration Act 1908 makes it mandatory to register the document regarding transfer, sale, gift or lease of a property.
What happens if a sale/purchase document is not registered?
Failure to register the purchase agreement of a property, could put you at a huge risk. Any document that is mandatorily required to be registered but is not registered, cannot be admitted as evidence in any court of law.
What is Stamp Duty and why should I pay it?
Stamp duty is a legal tax payable in full and acts as an evidence for any sale or purchase of a property. The levy of stamp duty is a state subject and thus the rates of stamp duty vary from state to state and are also dependent on whether the property is old or new. Since stamp duty forms a substantial part of the cost of acquisition it is better to be aware of the same before finalizing your transaction.