Real Estate & RERA
Real estate and infrastructure across transactions, RERA litigation, infrastructure project documentation, and the RERA-IBC interface.
Indian real estate is now governed by three frameworks running in parallel: the property-law spine of the Transfer of Property Act and state Stamp and Registration laws, the regulatory layer of the Real Estate (Regulation and Development) Act, 2016, and, where the developer is in default, the Insolvency and Bankruptcy Code. RERA changed the balance between allottee and developer. IBC, after Pioneer Urban Land, treated allottees as financial creditors. The firm advises on both sides — transactional structuring before the deal, and contentious work when it goes wrong — for buyers, sellers, developers, lenders, and infrastructure principals.
What the firm does in this practice
Title due diligence and conveyance
Comprehensive title investigation covering ownership chain, encumbrances, mortgages, attachments, liens, prior litigation, RERA registration status, and clearances. Conveyance documentation, sale deeds, gift deeds, lease deeds, and registration.
RERA litigation — allottee, developer, and landowner
Complaints before RERA authorities for refund, possession, compensation, and project-stage relief; appeals before the Real Estate Appellate Tribunal; writ petitions before High Courts on jurisdictional and constitutional questions arising under the Act.
Development agreements and joint development structures
Joint development agreements, development management agreements, revenue-share structures, area-share arrangements, and the security architecture that protects landowner interests through the development cycle.
Commercial leasing and retail leasing
Lease structuring for commercial premises, IT parks, retail malls, industrial leases, sale-and-leaseback transactions, and the tenancy frameworks that survive the lease term.
Infrastructure project documentation and PPP
Concession agreements, EPC contracts, O&M agreements, lender step-in rights, and the dispute architecture for infrastructure projects under public-private partnership frameworks across road, urban infrastructure, and energy projects.
Land acquisition under the 2013 Act
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 proceedings, including the social-impact assessment, consent thresholds, and compensation determination.
RERA-IBC interface in builder insolvency
Treatment of allottees as financial creditors under the Pioneer Urban Land framework, the threshold-of-100-or-10-percent test, project-wise CIRP, RERA proceedings during moratorium, and the resolution-plan treatment of allottee claims.
Stamp duty, registration, and indirect tax on real estate
State-specific stamp duty advisory, registration compliance, GST on under-construction property, and the structuring of high-value transactions to manage indirect tax exposure.
The view from the firm
RERA was sold as a homebuyer protection statute, but its commercial significance is broader. It standardised the obligations of the developer at a level the courts had been struggling to articulate. It created a regulator with civil-penalty teeth. It gave allottees an enforceable claim that, post-Pioneer Urban Land, has standing inside CIRP. The cumulative effect is that real estate is now a regulated industry in a way it was not a decade ago, and any matter — transactional or contentious — that ignores the RERA layer is a matter that has been mis-architected.
The most common error in real-estate disputes is treating them as one-forum problems. A delay claim against a developer can sit before RERA, before NCDRC, before the consumer forum, before NCLT under IBC, or before the civil court for specific performance — and the right answer depends on facts the parties often do not document until the dispute is already underway. RERA matters begin with forum analysis. Where the matter is more appropriately before RERA, that is the forum. Where the developer’s default has tipped into insolvency, the matter migrates into IBC. Where structural relief is what the allottee actually wants, neither RERA nor IBC is the right answer; specific performance before the civil court is.
Infrastructure is a separate discipline within the same practice. Concession agreements, EPC contracts, and PPP frameworks are negotiated against documents the parties draft for a 25-year horizon and then revisit only at dispute. The firm reads infrastructure contracts as risk-allocation instruments first and as commercial agreements second. The dispute clause, the variation mechanism, the change-in-law provision, and the lender step-in rights are where most of the value sits when the project enters distress.
Deeper references
- Real estate transactions deep reference
- RERA disputes deep reference
- Construction and infrastructure law
- Real estate due diligence — investor checklist
- Title verification — 10-point checklist
- Builder-buyer agreement — 12 clauses
- Commercial lease agreements
- Stamp duty and registration
- RERA complaint — step-by-step
- RERA complaint — state quick reference
- RERA — what a homebuyer can claim
- RERA vs Consumer Forum — forum analysis
- RERA-IBC interface
- Pioneer Urban Land judgment and its impact
- Real estate and IBC 2026
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