REAL ESTATE

Our Real Estate practice is one of the widely recognized and leading real estate practices in India. We advise all stakeholders, owners, developers (corporate and individual) and both domestic and foreign investors in all types of real estate transactions. Our practice covers the entire life span of real estate transactions, from acquisition and development to leasing and sale. We have been involved in major real estate transactions across India, and regularly advise clients in relation to residential, commercial and industrial developments, special economic zones (SEZs), townships, multiplexes, malls and IT parks.

Being a full service law firm, in addition to our core expertise from the Real Estate practice group, we provide comprehensive support for any real estate transaction by drawing resources from various other practice groups including our Funds, Taxation, Corporate& Commercial groups. We are able to respond to complex situations with speedy and creative solutions that are demanded in today’s highly competitive and rapidly changing real estate environment.

The firm has carved a niche for itself in swiftly closing real estate transactions involving complex issues such as usage of land, zoning of land, chakbandi etc. The firm advises on a wide range of transactions involving the ownership, possession and development of land by local and overseas purchasers, including but not limited to, the following :

  • Due diligence of title and site selection for the desired purpose.
  • Drafting, negotiating and finalization of loan agreements related to real estate acquisition.
  • Advising clients on tax issues related to real estate acquisitions and allied issues.
  • Drafting and negotiation of Joint Development Agreements/ construction contracts including bidding documents, agreements with Sub-contractors, Agreements for engaging architect etc.
  • Leasing & Renting: Drafting Letters of Intent, Agreements to Lease, Lease Deeds, Leave and License Agreements.
  • Guiding clients through the regulations governing the acquisition and sale of property, and the remittance of sale proceeds out of India.
  • Preparation of feasibility studies, highest & best use analysis.

We strive to provide a straight and simple solutions to the various complex issues pertaining to the Town and Country Planning Department, such as :

  • License Application
  • Change of Land Use ( CLU )
  • Demarcation & Zoning Approvals
  • Building Plan Approvals
  • NOC from Fire Department, Forest, Environment, Mining & Ground Water.
  • NOC from District Authorities, NHAI etc.

REAL ESTATE LITIGATION

We, represent owners, developers, secured lenders, loan participants, government bodies, bondholders, borrowers, landlords, tenants. We work closely with our in formulating strategic and tactical objectives, and provide clear, proactive and practical advice. We represent our clients in disputes involving –

  • Purchase or sale contracts including acquisition, specific performance and other fraud/mistake claims
  • Mortgage on secured loans including foreclosure, receivership, guaranty enforcement and disbursement issues, as well as lender liability and bad faith claims
  • Loan participation and other co-ownership arrangements, including inter-creditor agreement and agent disputes
  • Public financing and public-private partnerships relating to, infrastructure, low-income housing, and other governmentally supported projects
  • Management and operating agreements, including resort, hotel and shopping center operator issues, as well as common area maintenance and other reconciliation issues
  • Ownership structures and Title matters
  • Commercial leases, including eviction and forcible enactment actions.
  • Major construction disputes, including subsidence, excavation, general contractor and subcontractor disputes

TRANSACTIONAL DOCUMENTS

We draft and negotiate various kinds of agreements and contracts related to real estate and construction contracts including

  • Concession Agreement
  • EPC contracts
  • Maintenance Agreements
  • Mortgage
  • Pledge and Hypothecation Agreement
  • Guarantee Deeds
  • Asset Purchase Agreement
  • Business conducting agreements
  • Escrow Agreement, etc.

We also negotiate, implement and review investment agreements, land purchase agreements, lease deeds, licence agreements, sale deeds, agreement to sell, and pre-emptive right agreements. We have expertise in drafting work orders, purchase orders, letters of intent related to construction. We also deal in necessary documentation for joint ventures, mergers and acquisitions, development of townships and establishing SEZ’s.

We also conduct property title searches and due diligence

BOT PROJECTS

We have advised them on Pre-Bidding Due Diligence, reviewing bidding documents, drafting and vetting agreements such as Concessionaire Agreement, EPC Contracts, Annual Maintenance Contracts, etc.
We draft Work Orders, Purchase Orders, Letter of Intent etc. relating to the sale and purchase of construction materials. We also provide assistance in regulatory clearance and compliance. We also represent clients before Courts and other Dispute Resolution Bodies.

INFRASTRUCTURE AND CONSTRUCTION

The Government of India has allowed 100 per cent FDI in the construction business. This has paved the way for foreign investment into development of commercial and residential real estate. We at Juris Axis represent builders and construction businesses. Our clients include construction companies, both residential and commercial, design professionals, contractors and subcontractors. We negotiate contracts, conduct surveys and due diligence, prepare construction agreements, procure permits and licenses from local authorities and government undertakings.. We draft and review documents related to infrastructure and construction such as Concession Agreement and EPC contracts and related contracts including bank guarantees and performance bonds, agreements with architects, contractors and sub-contracts, consultancy agreements, work orders, and purchase orders. We advise on creation of joint ventures and assist in necessary documentation for the same. We also advise on structuring investments in this sector and advise on the most suitable entry route for foreign clients.