Real Estate
Acelegal’s real estate legal practice has grown as rapidly as this sector has developed in India and is now a key focus area for its team of lawyers. With the knowledge that the firm has garnered over the years backed by in depth legal research and helps in providing a perspective that is all encompassing, strategic and help our clients stay ahead of the competition.
As with most sectors in a newly opened up economy, it is crucial that lawyers stay updated on the legal and regulatory developments related to their areas of specialization. This is something that the firm take very seriously. We ensure that our clients always have a steady guiding hand through all their real estate transactions and structuring’s, whether connected to a commercial transaction or specific property deals, through the medium of presentation on current issues related to real estate sector, publications in various legal blogs, issuing information memorandum on tax and legal implications.
We have advised a wide range of real estate developers, its association, corporations, property owners, real estate fund managers, and foreign and domestic investors on all aspects of real estate transactions. Our practice covers the entire span of real estate deals, from acquisition and development to leasing and sale of residential, commercial and industrial projects and special focus on the tax implications.
Our practice area covers the under:
- Title Investigation
- Title search and investigation on all types of property situated across India in coordination with local lawyers.
- Acquisitions & Sales
- Acquisition and disposition of all types of real estate, including residential, commercial, industrial and properties situated in and around Navi Mumbai and Mumbai.
- Project Development
- Development, Joint Development, Redevelopment and Slum Rehabilitation projects including Project Management Contracts and related documents.
- Leases, Leave & Licenses
- Lease Deeds, Leave & License Agreements, etc., relating to residential, commercial and industrial properties.
- Stamp Duty & Registration
- Applicability and computation of stamp duty of property documents.
Project Management
We expertise in managing and dealing with the legal and tax issues of various ‘Real Estate Projects’ within the limits of CIDCO, MIDC and various other free hold lands for residential and commercial projects and for setting up townships. We also guide our clients in handling society redevelopment project. The firm is one of leading firms in Navi Mumbai in advisory and guiding clients about direct, indirect tax and stamp duty implication before getting into any real estate project.
Our services include:
- Advisory services related to; Real Estate Projects like Residential, Commercial/ Technology Parks, Hospital, Schools & townships;
- Regulatory laws including those relating to licenses and approvals
- Stamp duty implications
- Property tax and other taxes on real estate;
- Structuring of Land deal
- Drafting – Development Agreement, Project Management Consultancy Agreement, Construction Contracts, Works Contract etc:
- Regulations governing acquisitions and sale of property;
- Representation before various courts including arbitrations regarding real estate disputes.
RERA
Further, upon enactment of RERA in the year 2016 and its enforcement in Maharashtra in 2017 through MAHARera Rules, the firm is actively engaged in registration, compliance, etc. of various real estate projects in Mumbai, Navi Mumbai and Raigad. The firm regularly represents its clients before the MAHARera Authority, Maharashtra Real Estate Tribunal and Mumbai High Court for real estate matters.
Strategic Documentation
The firm has its expertise in strategic documentation for real estate deals with emphases on Direct and Indirect Tax liabilities on such documentation. We into structuring client’s documentation & deals with a special focus on the reducing tax burden. We are involved into planning of deals through our partners for formation of companies, firms and LLP’s with the emphases on tax liabilities, and stamp duty implications. The firm has been directly involved in some big assignments of strategic planning for our major clients coming from Real Estate Industry.
Direct Tax
The firm specialises in direct tax matters. The founders of the firm are qualified Chartered Accountants with years of specialised direct tax practise. The firm has been handling tax litigation in all forums including High court and Supreme Court. The Litigation partner is regularly appearing in Mumbai High Court before the tax bench and also in ITAT.
GST
The firm is involved in consultancy of GST ever since its enactment. The firm has been part of negotiating and representations sent to GST Council through their esteem clients and Association of builders in Navi Mumbai. The firm have represented their client before authority like CIDCO against the levy of GST on Additional Lease Premium of land allotted by the CIDCO to builders and developers in Navi Mumbai. The firm is also engaged in certain writs filed before Mumbai High Court challenging levy of GST on certain real estate transactions.
Trademarks
The firm aids clients in the entire trademark lifecycle management right from running a public search to defending the mark in a fiercely competitive market.
Copyright
The firm is involved in the registration and enforcement of client’s copyright by leading tough monetising negotiations and drafting watertight licensing and assignment agreements. Associates also help in protection and commercialisation of digital and personality rights.
Entertainment Law
Acelegal is involved in the entertainment industry lending to artists and producers alike services such as deal negotiation, drafting of financing and service agreements and litigation aid in cases of infringement.
Corporate Law
The firm aids clients in complex commercial transactions, establishing joint ventures, forming Partnerships and LLPs and assisting in the negotiation and preparation of several transaction documents. The firm also engages in due diligence in investment deals and financial restructuring.
The firm is also involved in Insolvency and Bankruptcy Code, 2016 (IBC), Consumer Dispute, Debt Recover Tribunal matters and Estate Planning & Trust formation. As such, when these types of matters/assignments are required to be represented by the firm through our old clients who have their trust in the firm the same are taken on professionally.
Arbitration & Mediation
The firm represent clients in varied kinds of domestic arbitrations. The lawyers in the firm have experience in handling arbitrations conducted under Arbitration and Conciliation Act 1996. The firm also advises clients on conservancy and provisional measures in respect of arbitration proceedings. The firm actively supports and promotes resolution of commercial disputes through mediation and conciliation as a means of business development and conservation.
The firm has been representing the clients before the Bombay High Court Commercial Division bench for Commercial Arbitration matters. The Managing Partner of the firm has personally acted as a mediator in a number of cases and have been able to successfully settle the disputes.
Litigation
The firm is fully equipped to handle all kinds of civil, corporate, and insolvency & bankruptcy related litigations for its clients. The Litigation team at the firm comprises of Advocates-on-Record, legal consultants and Advocates. The firm represent before the Supreme Court of India, Bombay High Court, National Company Law Tribunal, State Consumer Disputes Redressal Commission, District Consumer Disputes Redressal Commission, Debt Recovery Tribunal, Debt Recovery Appellate Tribunal, Income Tax Appellate Tribunal, District Courts, Commissioner of Income Tax-Appeals and other judicial and quasi-judicial bodies.
Civil, Criminal and Commercial Litigation
The firm is fully equipped to handle all kinds of civil, corporate, and insolvency & bankruptcy related litigations for its Clients. The Litigation team at the firm comprises of Advocates-on-Record, legal consultants and Advocates. The firm represent before the Supreme Court of India, Bombay High Court, National Company Law Tribunal, State Consumer Disputes Redressal Commission, District Consumer Disputes Redressal Commission, Debt Recovery Tribunal, Debt Recovery Appellate Tribunal, Income Tax Appellate Tribunal, District Courts, Commissioner of Income Tax-Appeals and other judicial and quasi-judicial bodies.
Other Practice Areas
The firm is also involved in Insolvency and Bankruptcy Code, 2016 (IBC), Consumer Dispute, Debt Recover Tribunal matters and Estate Planning & Trust formation. As such, when these type of matters/assignments are required to be represented by the firm through our old clients who have their trust in the firm the same are taken on professionally.
Property Law
We expertise in managing and dealing with various ‘Real Estate Projects’ within the limits of CIDCO, MIDC and various other free hold lands for residential and commercial projects and for setting up township. We also guide our clients in handling society redevelopment project. The firm is one of leading firm in Navi Mumbai in advice and guiding clients about direct, indirect tax and stamp duty implication before getting into any real estate project.
We are handling litigation management for and on behalf of our client. We believe in settling dispute rather than putting clients in prolonged litigation.
We have represented our clients in various matter relating to property tax and revenue matter against various municipal corporations and government authority before High Court and Supreme Court. We are advising client about real estate regulation and various law, rules and regulations relating to property and representing client before various forums;
The services include:
- Advisory services related to; Real Estate Projects like Residential, Commercial/ Technology Parks, Hospital, Schools & townships;
- Due diligence and preparation of Title Search Reports;
- Regulatory laws including those relating to licenses and approvals
- Stamp duty implications
- Property tax and other taxes on real estate;
- Structuring of Land deal
- Drafting – Development Agreement, Project Management Consultancy Agreement, Construction Contracts, Works Contract etc:
- Regulations governing acquisitions and sale of property;
- Representation before various courts including arbitrations regarding real estate disputes.