Real Estate

ADLO comprises of lawyers with decades of experience in all aspects of property law including real estate acquisition for the purposes of residential / commercial development, SEZs, townships, hospitality, affordable housing, healthcare, education, information technology / industrial parks, etc., investments / financing in the real estate sector, REITs and dispute resolution services. We act for Indian and international developers, property owners, government entities / agencies, corporate houses, warehousing and logistics companies, hotel operators, educational institutions, offshore and domestic funds / lenders, investors, contractors, financial institutions, landlords and tenants. Our strength lies in our in-depth understanding of the local legal and regulatory environment which, when coupled with the delivery of our advice, enables us to provide cost-effective, practical and commercial advice, whilst ensuring legal compliance.

The experience of the team extends not only to traditional real estate but also to its practice of modern day commercial real estate. Our firm has won the trust of its clients by offering end-to-end innovative and solution-based advice within an established timeframe.

• The traditional form of legal services for real estate involves two sectors viz: rural real estate and urban real estate, and typically, traditional legal services for real estate involves transactions in connection with buying, selling, leasing and developing property.
• Modern legal services for commercial real estate involves all aspects of debt and equity participation in real estate-related transactions in both domestic and international markets including through private equity investments, foreign investments, debt or mezzanine funding, stake sale in high yield rent generating assets and real estate investment trusts, among others. Our real estate lawyers are experienced in advising on the full life-cycle of corporate real estate structures, from the initial choice of structure, tax optimisation, creation of the vehicle, funding, the acquisition and asset or project management through to exit strategy.

In addition to the above, the team also provides dispute resolution services, which includes regional and multi-jurisdictional litigation and arbitration, as well as other forms of alternative dispute resolution and associated legal services. Whether our clients are desirous of acquiring or disposing of real estate, making investments or providing debt funding, raising capital or any other form of funding, creating a tax efficient investment vehicle, implementing a development project or asserting their rights before a court of law, ADLO works side by side with the client’s in-house team to ensure that the organization’s reputation and commercial goals are protected. Where a foreign entity is involved with a domestic business, the team also works closely with international law firms or consulting firms to provide a single point of contact with the client.

Our Real Estate lawyers support clients across India and overseas to meet their objectives, whatever the scale of the project. From initial planning to dispose l of assets, we devise a customized strategy that creates value for our clients. With offices in the major cities across the country, our network of lawyers works together seamlessly to provide holistic, sector-leading property advise.

We have worked on some of India’s most iconic real estate developments and disputes covering matters related to commercial and residential development, infrastructure, investment, property finance, hotels and leisure. Our team leverages its experience and knowledge of local regulatory issues and past engagements with various authorities to provide practical and result oriented advice.

RERA Compliance

• Advising Promoters and Developers on the various compliances under the RERA (including Waterfall Provisions)
• Registration of projects with RERA authorities
• Registration of Real Estate Agents
• Managing fund and Audit of Financials in accordance with Section 4(2)(1)(D) of the Act
• Issuing certificate of withdrawal for Specific Bank Account under RERA.
• Handling legal litigation and representing client in RERA and Appellate Tribunal
• Drafting & reviewing Brochure, Allotment Letter, Agreement to Sale and Sale Deed
• Filing Quarterly updates with RERA
• Consultancy relating to RERA compliances

Due Diligence

• Conducting Title Searches of the properties [Homes, Real Estate Projects, Townships, Industries and Acquisitions] with the offices of Sub-Registrar, Revenue Offices, etc. and providing Title Search Reports and Encumbrance certificates, etc. all across India.

Land Acquisition

• Structuring of Deal and advice on the Stamp duty, registration fees and other costs, drafting of Conveyance Documents, along with statutory permissions, approvals, including Change of Use of Property, etc. to be procured.
• Registration of Documents and Mutation of Land Records.

Real Estate Investment Trusts (REITs)

• Formulating and structuring the initial REITs organization
• Private placements, public offerings, including IPOs
• REIT asset restructuring, M&As and liquidation
• Tax counselling and efficient transaction structuring
• Ongoing company representation, corporate and securities counselling
• Corporate governance, regulatory and compliance matters
• Conversions of existing corporations and partnerships into REITs

Project Development

• Advising and Structuring on the Construction Contracts, Development Agreements including Joint Development Contracts, Redevelopment Agreements, etc.
• Agreements with and Documentation of Architects, Engineers, Contractors, etc.
• Drafting of the Sale/ Allotment Deeds, Possession Letters, Agreements of Sale, Lease of the plots/units under the project.

Lease

• All comprehensive Due Diligence and Title Searches.
• Advise on stamp duty, registration and drafting of Lease Deeds, Sub-lease Deeds and Leave & License documents.

Special Purpose Vehicle Acquisitions and Investments

• Advise on myriad transactions structured around the acquisition of Entities owning property.
• New Opportunities in the real estate sector
• Advise on new arrangements for addressing specific opportunities in Infrastructure, Tourism, Wellness Centers, Star-rated Hotels national footprints, and Single-brand concessionaire of International Brands in the Real Estate sector.

Corporate Commercial Requirements

• Fund structuring, their Formation, Deployment and Exit along with applications for obtaining necessary authorizations from Regulatory Authorities.

Taxation

• Review of projects from the perspective of direct as well as Indirect Taxation.
• Advise alternatives to optimize taxation exposures and potential savings thereof including stamp duty.
• Advise on tax-efficient structuring of investment in real estate, availing tax exemptions for minimization of the impact of Corporate Tax, Dividend Distribution Tax, Minimum Alternate Tax, etc. as well as for minimizing applicable taxes on investor’s exit from the project.

Real Estate Dispute Resolution

• Provision and representation in Real estate related litigation before all the forums- Supreme Court of India, High Courts, NCLT, NCDRC as well as Stamp Collectors including major property transaction disputes, Enfranchisement, Possession, Tenancy, Insolvency, Stamp Duty evasion, Specific Performance of the Contract, etc.
• Advise on the Alternative means to resolve property disputes.

Venture Capital Issues

• Advise on Venture Capital Fund Structuring, their Formation, Deployment and Exit.

Miscellaneous

• Drafting and review of maintenance agreement, service agreement, amenities agreement, escrow agreement, builder agreement, engineering, procurement & construction contracts, management and operations agreement, master purchase agreement, bank guarantee, franchise agreement, etc.
• Drafting and Registration of special and general power of attorney, family settlement, partition deed, mortgage deed, gift, will, etc.