1. Title Due Diligence
- Land Records Verification
- Scrutinize title documents, chain of agreements, mutation entries, and revenue records.
- Conduct searches at Sub-Registrar, City Survey, and Collector’s offices to confirm title, encumbrances, and ownership.
- Litigation Search
- Check for ongoing or past litigations related to the property in all relevant forums.
- Certificate Procurement
- Obtain no-encumbrance certificate, search report, and certified copies of title documents.
- Red-Flag & Opinion Reports
- Prepare a comprehensive legal opinion on title status, highlighting risks and suggesting mitigations.
2. Power of Attorney (POA), Joint Development Agreements (JDA), and Development Agreements
Power of Attorney (POA)
- Drafting & Vetting
- Draft customized POAs for societies, landowners, or individuals, tailored for Mumbai and MMR authorities’ norms.
- Registration Advisory
- Assist with stamping, e-registration, and liaison at the Sub-Registrar.
Joint Development Agreements & Development Agreements
- Negotiation & Drafting
- Negotiate development terms, profit-sharing, area allocation, and responsibilities.
- Structure term sheets and detailed agreements factoring regulatory and local authority requirements.
- Conditions Precedent & Timelines
- Insert clear developer and landowner deliverables, financial closures, and project milestones.
- Lock-In & Exit Clauses
- Structure options for terminations, exits, and transferability with minimum risk.
3. RERA Documentation & Tripartite Frameworks
- RERA Registration & Compliance
- Prepare and file all documents for developer/ project registration with Maharashtra RERA.
- Draft declarations, affidavits, and CA/CWA/Engineer certificates.
- Tripartite Agreements
- Draft society-developer-banker (tripartite) agreements for project finance/disbursement.
- Tailor structure for varied authority formats (MMRDA, PMRDA, NAINA, CIDCO, etc.).
- Homebuyer Agreements
- Draft pro-buyer and compliance-focused sale agreements and allotment letters.
4. Legal Structuring of Rehab & Free-Sale Components
- Project Segregation & Planning
- Structure separate legal identities and financial models for rehabilitation (society) and free-sale (open market) portions.
- Society Integration
- Draft MoUs, transfer documents, and framework for smooth handover of rehab premises.
- Authority Approvals
- Guide on obtaining Intimation of Disapproval (IOD), Commencement Certificate (CC), and occupation/completion certificates specific to free-sale/rehab areas.
- Title Segregation
- Create partition deeds/allotment agreements for demarcation of FSI, area, and amenities.
- GST, Tax, and Stamp Duty Advisory
- Structure real estate transactions to ensure optimal tax planning and lawful benefit availing under prevailing regimes.
5. Region-Specific Advisory (Mumbai, Navi Mumbai, NAINA, MMRDA, PMRDA)
- Regulatory Liaison
- Guide on obtaining letters of intent, project approval, and NOCs from MCGM, CIDCO, NAINA, MMRDA, or PMRDA.
- Address cluster redevelopment (SRA, MHADA, cluster) compliance.
- Special Norms Analysis
- Advise developers on authority-specific by-laws, such as additional FSI grants (MMRDA), transfer formalities (CIDCO/NAINA), and region-specific premium computations.
- Ongoing Legal Support
- Maintain compliance checklists, manage authority correspondences, and support periodic documentation updation through all project stages.
6. Coordination & Execution
- Stakeholder Interface
- Manage interfaces between developers, societies, authority officials, bankers, and legal counsels for document execution and dispute resolution.
- Periodic Review
- Conduct periodic legal audits and compliance checks up to final conveyance and completion of project handover.