This is the core practice of the firm. The firm gives specialist advise in real estate and is known for its pragmatic and innovative solutions to complex challenges in real estate transactions.
The seamless integration of many decades of expertise and of the firm’s team of lawyers and senior tax professionals coupled with their in-depth knowledge of the real estate industry ensures a holistic assessment of the legal, tax and regulatory aspects of every transaction and this facilitates clients to achieve their objectives successfully and effectively in a cost efficient manner.
The firm provides tailored solutions based on the team’s astute understanding of business and commercial aspects of transaction.
- Redevelopment of co-operative societies by builders
- Self-Redevelopment by co-operative housing societies
- Redevelopment of cess and non-cess properties under policies of various town planning authorities like MMRDA, MHADA, MCGM, MIDC, CIDCO, etc.
- Redevelopment of slum properties under the Slum Rehabilitation Scheme
- Redevelopment with built-up public parking, global FSI, Additional FSI under MHADA, Transfer of FSI of PTC tenements, Additional FSI in CRZ Area, TDR in Mumbai city and suburbs
- Redevelopment for service apartments, retail malls, service office facilities
- Advising Real Estate Developers, Land Owners, Co-operative Societies and Condominiums, Tenants and Society Members in all aspects of redevelopment including Development Control Regulations, CRZ policy, MMRDA global FSI, fungible FSI, etc.
- Legal, Financial, Secretarial, Regulatory due diligence and title investigation
- Issuance of Due Diligence Reports, Title Reports, Title Certificate
- Advise on capital gain tax and related investment under applicable laws
- Advise on Goods and Service Tax
Acquisition and Transfer
- Acquisition of freehold, leasehold, industrial, commercial and residential lands
- Acquisition of residential, commercial, industrial premises
- Conveyance to Co-operative Societies
- Formation of Condominium
- Commercial Lease and Licenses
- Legal, Financial, Secretarial
- Assessing commercial and tax viability under all aspects of law and taxation including valuation, stamp duty, capital gains tax and GST implications
- Investment Structuring
- Debt structuring for real estate venture capital funds
- Regulatory due diligence and title investigation
Valuation of property
- Valuation of property and computation of stamp duty
- Valuation under Section 50C of the Income-tax Act, 1961
- Assisting in payment of stamp duty and registration procedures
- Acquisition of Agricultural Lands for Integrated Special Townships, Industrial Parks, Information Technology Parks, Special Economic Zones
- Advisory services of land use and zoning regulations
Since the coming into effect of the Real Estate (Regulation and Development) Act, 2016 the firm has actively initiated and expanded its practice under the Act. The firm has actively engaged in dialogue with real estate developers, chartered accountants and architects with implications of provisions of the Act and Rules. The firm has been at the forefront in advising major real estate developers in Mumbai on registration of their projects with Maharashtra Real Estate Regulatory Authority (“MahaRERA“) from the inception of RERA. The firm has extended its vast experience and knowledge of local laws and enactments with regard development such a Development Control Regulations, Slum Redevelopment, Redevelopment of Co-operative Housing, Redevelopment of Cess and Non Cess Structures, MHADA, etc., to services with regards to litigations that are exclusively covered under RERA.
The firm has first-hand experience in assisting several real estate developers register their ongoing projects at the inception of the Act and has an in-depth understanding of registration and compliance requirements of a real estate project registered with MahaRera, being the regulatory authority in Maharashtra. This specific knowledge also provides an edge while structuring transactions.
- Advising promoters on registration of their projects with MahaRERA and compliance related to RERA.
- Restructuring of legal documents from perspective of RERA.
- Advising on maintenance of project accounts as required under RERA.
- Advising on amendments and changes in existing projects registered with MahaRERA.
- Advising on transfer of a project to new promoter and compliance of procedure to change promoter of registered Projects.
- Advising on removal of promoter.
- Advising Allottees/unit purchasers about their rights under the RERA.
- Representing promoters before the RERA authority, appellate authority and High Court
- Representing Allottees/unit purchasers before the RERA authority, appellate authority and High Court
Project and Finance
Law Point has extensive experience in project finance and investments in the real estate sector. The firm is a trusted advisor to several prominent Non-Banking Financial Companies, Asset Management Companies, Private Equity Funds, Real Estate Funds and in their finance and investments in real estate industry. The expertise of the partners and senior tax professionals ensures tailored solutions to structure investments and funding including last mile funding to real estate developers in restructuring and revival of stressed assets.
- Advising Private Equity Funds and Real Estate Funds
- Debt structuring for real estate venture capital funds and related, financial structuring
- Project finance
- Loans and Mortgages
- Acquisition and take-over of companies and other entities
- Conversion of partnership firms to private limited company
- Conversion of LLP to private limited company and vice versa
- All related Transaction Documents
Private Client Practice
Succession and Wealth planning requires a high level of expertise, sensitivity and understanding of various relevant laws including real estate, corporate and commercial laws. The in-depth knowledge and expertise coupled with decades of experience in advising business houses gives the firm’s partners the vision and fore-sight in understanding business and family complexities to create a seamless succession planning strategy.
- Wills and succession planning as well as related advisory work.
- Estate and Succession Planning and Advisory
- Drafting Wills and Codicils
- Creation of Trusts
- Corporate structuring for family businesses
- Asset holding by Non-Resident Indians