Real Estate Advisory & Disputes

LawCite Advocates provides comprehensive legal services across the real estate and construction landscape, advising property developers, landowners, investors, homebuyers, cooperative societies, construction companies, and institutional clients. Our practice covers the full lifecycle of real estate including land due diligence, transaction structuring, construction-related disputes, RERA proceedings, consumer litigation, and regulatory compliance, with careful alignment to Indian laws and regulatory frameworks.

Land Due Diligence and Title Verification

We conduct detailed title verification and land due diligence for residential, commercial, industrial, and agricultural properties. This includes tracing ownership, identifying encumbrances, vetting revenue records, verifying mutation entries, examining zoning restrictions, and confirming compliance with local land laws and municipal regulations governed by the Transfer of Property Act, Registration Act, Indian Easements Act, Limitation Act, and relevant State Land Revenue Codes.

We assist in resolving title discrepancies, rectification of records, and regularising ownership chains. Our reports are relied upon by developers, lenders, and institutional investors for transaction approvals and financing.

Real Estate Transactions and Structuring

We draft and review sale deeds, development agreements, joint development agreements, lease deeds, conveyance documents, and leave-and-license contracts in compliance with the Transfer of Property Act, Indian Stamp Act, Registration Act, and Specific Relief Act. We advise on stamp duty calculations, registration formalities, and risk mitigation across transaction stages. We also incorporate provisions compliant with the Indian Contract Act and local municipal acts.

We structure complex real estate transactions, including landowner-developer collaborations, revenue-sharing models, area swaps, and SPV-based development under applicable state land pooling policies and urban development regulations.

Commercial Leasing and Institutional Real Estate

We handle commercial leasing for IT parks, logistics hubs, SEZs, and retail complexes. This includes negotiation and drafting of lease agreements, built-to-suit contracts, maintenance arrangements, and registration in accordance with the Indian Contract Act, Indian Stamp Act, and applicable Rent Control Acts, such as the Maharashtra Rent Control Act or Tamil Nadu Buildings Lease and Rent Control Act.

RERA Compliance and Litigation

We advise on full compliance under the Real Estate (Regulation and Development) Act, 2016, including project registration, financial disclosures, escrow compliance, and model agreement adherence. We represent clients in complaints before RERA Authorities and RERA Appellate Tribunals regarding delay in possession, refund, interest, quality concerns, and penalties.

Construction, Development and Regulatory Disputes

We represent clients in construction disputes under FIDIC contracts, CPWD guidelines, and municipal by-laws. Matters include delayed possession, deviation from approved plans, performance guarantee invocation, and building code violations. We engage with development authorities, municipal corporations, and planning bodies governed under the Building and Other Construction Workers Act, Urban Development Acts, Environmental Protection Act, Contract Labour Act, and local building regulations.

Consumer Forum and IBC Proceedings

We represent individual and group allottees before the Consumer Protection Commissions under the Consumer Protection Act, 2019. We also appear in insolvency matters before NCLT under the Insolvency and Bankruptcy Code, 2016, advising homebuyers, resolution applicants, and financial institutions in stalled and distressed projects.

Redevelopment and Housing Society Representation

We advise on society redevelopment governed by the Maharashtra Cooperative Societies Act, 1960, and the Maharashtra Ownership Flats Act, 1963. Services include feasibility review, member consent, builder negotiations, agreement drafting, and representation in disputes involving developer obligations, society resolutions, or dissenting members.

We also advise on deemed conveyance, title transfers, and compliance with registrar directives under cooperative housing statutes in Maharashtra and other states. We also assist societies regulated under the Multi-State Cooperative Societies Act, 2002, where applicable.

Agricultural Land and Conversion Advisory

We advise on acquisition and conversion of agricultural land under the Land Revenue Codes, Tenancy Acts, Urban Land Ceiling and Regulation Acts, Prevention of Fragmentation and Consolidation of Holdings Acts, and Land Acquisition laws including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Foreign Investment and REIT Structuring

We assist in structuring real estate investments under the Foreign Exchange Management Act, 1999 and the FDI Policy on Construction-Development. We advise on downstream investment restrictions, repatriation rules, equity structuring, and REIT participation in line with SEBI (REIT) Regulations and SEZ Act, 2005.

Environmental and Planning Compliance

We represent clients in matters involving Environmental Impact Assessment (EIA) Notifications, Coastal Regulation Zone (CRZ) Rules, and Green Building compliance. We appear before the State Environmental Impact Assessment Authorities, Pollution Control Boards, and the National Green Tribunal. We also handle matters under the Environment Protection Act, 1986 and support with challenges before the appellate authorities.

Religious Trust and Endowment Properties

We handle matters involving religious and charitable properties governed under the Indian Trusts Act, 1882, Waqf Act, 1995, Religious Endowments Act, 1863, and respective State Waqf Boards and Endowments Departments. We advise on transactions, leasing, and litigations relating to trust-held properties, including title regularization and leasing permissions.

Common Matters We Handle

• Land title verification for purchase, lease, or investment

• Disputes over delay in possession and refund under RERA

• Litigation over specific performance and property handover

• Developer-landowner disputes in joint development projects

• Eviction and recovery under lease or leave-and-license agreements

• Injunctions against unauthorized construction or encroachment

• Appeals before RERA Appellate Tribunals and civil courts

• Consumer complaints before State and National Commissions

• IBC representation for stalled or distressed projects

• Zoning, conversion, and planning authority litigation

• Foreign investor due diligence and FEMA compliance

• Legal structuring of commercial leasing and REIT investments

• Arbitration of real estate and construction disputes under the Arbitration and Conciliation Act, 1996

• Litigation under the Code of Civil Procedure and Indian Evidence Act in real estate and title suits

• Action for fraud, misrepresentation, or forgery under the Bharatiya Nyaya Sanhita (earlier IPC)

• Advisory on e-registration and digital transactions under the Information Technology Act, 2000

Our Commitment

Our approach is grounded in statutory precision, technical accuracy, and practical execution. We align every real estate matter with applicable Indian laws and local regulations. Whether facilitating a complex land deal, reviewing a development agreement, resolving a consumer complaint, or representing clients before regulators, LawCite Advocates delivers solutions backed by legal clarity and enforceability.