Practice Area
Real Estate
Transactions, projects and disputes concerning real estate, including projects in insolvency.
The Practice
Real estate law in India covers the buying, selling, leasing and development of land and buildings, and the regulation of developers. It draws on the Transfer of Property Act, 1882, the Registration Act, 1908, state stamp and land laws and the Real Estate (Regulation and Development) Act, 2016 (RERA). The Firm advises developers, investors, lenders and owners on transactions and projects, and represents them in property disputes.
The Firm advises developers, investors, lenders and owners on real estate transactions and projects, and represents them in property disputes, including in respect of projects with multinational participation.
The Firm’s insolvency practice informs its real estate work, particularly in relation to stalled and distressed projects and the acquisition of residential projects through the insolvency process.
How It Works
How the law works
Before buying or financing a property, the first step is title investigation: tracing ownership through the chain of documents, checking encumbrances and mutation records, and confirming that the seller can lawfully transfer. A transfer of immovable property worth more than ₹100 must be made by a registered instrument and stamped as the state's law requires. Under RERA, residential and commercial projects above the prescribed size must be registered with the state Real Estate Regulatory Authority before they are advertised or sold, and homebuyers can claim delayed possession interest or a refund from the Authority.
Where a project is stalled or the developer is insolvent, the Insolvency and Bankruptcy Code interacts with RERA, and a resolution plan may allow a new developer to complete and deliver the project.
How an engagement runs
- Due diligence: title, approvals, litigation search and a written report.
- Documents: sale and lease deeds, joint development and collaboration agreements, and conveyancing.
- Disputes: civil suits, RERA complaints, arbitration or insolvency, depending on the facts.
- Distressed projects: advice on acquisition of a project through the insolvency process.
Scope of Work
Areas of Advice and Representation
- 01Title investigation and due diligence
- 02Acquisitions, sales, leasing and joint development agreements
- 03Development and redevelopment projects
- 04Foreign investment in real estate
- 05Conveyancing and transfer of land
- 06Property and land disputes, including disputes concerning historical land grants
- 07Insolvency of real estate projects
Forums
Courts and Tribunals
- High Courts
- Supreme Court of India
- National Company Law Tribunal
- Real Estate Regulatory Authorities
Questions
Questions and Answers
- What does a title investigation involve?
- Reviewing the chain of title documents, revenue and mutation records, approvals, encumbrances and pending litigation, so a buyer or lender knows whether the seller can pass a clean title.
- Does RERA apply to every project?
- Not every one. Projects above the prescribed land area or number of units must be registered, and exemptions apply to certain smaller projects and those that already had an occupancy certificate when the Act came into force. Each state's rules also differ in detail.
- Can a buyer recover money from a developer who has become insolvent?
- Homebuyers can claim as financial creditors in the developer's insolvency, and may also have remedies under RERA. Which route is best depends on the stage of the project and the number of buyers.
- Can foreign persons buy property in India?
- Special rules apply. Foreign investment in construction-development projects is permitted within limits, and the purchase of immovable property by non-residents and foreign nationals is regulated under the foreign exchange laws. Advice should be taken before a transaction.
- What are the usual causes of land disputes?
- Disputed title or succession, overlapping sales, encroachment, unclear historical grants and unregistered or inadequately stamped documents.
Related Reading
- NCLT’s Power to Recall a CIRP Admission: Supreme Court in Orris Infrastructure (2026)
- Amendments to the Non-Debt Instruments Rules: What Changes for Foreign Investment in India
- Preserving the Insolvency Framework: Judicial Limits on Speculative Homebuyers Under the IBC
- When Housing Dreams Turn Into Insolvency Nightmares: Why the Supreme Court Said No to Speculative Investors in Real Estate
- The Possession Handover Paradox: Analysing IBBI’s New Regulation 4E and the Liquidation Value Controversy
