Legal Assistance in Real Estate โ Key Areas
1. Title Due Diligence
Ensure that the developer/seller has a clear and marketable title.
Examine 7/12 extract, property card, sale deed chain, mutation entries, and encumbrance certificates.
Validate no pending litigation, mortgages, or third-party claims.
2. RERA Compliance
Every real estate project must be registered under RERA (Real Estate Regulatory Authority).
Check RERA registration number for project authenticity.
Review carpet area vs. built-up area, project completion timelines, and legal disclosures.
Assist developers in filing for RERA approval and ongoing compliance.
3. Agreement for Sale / Sale Deed Drafting
Prepare and vet buyer-seller agreements:
Include clauses for payment schedule, possession date, penalty clauses, and exit terms.
Ensure compliance with the Maharashtra Ownership Flats Act (MOFA) or RERA provisions.
4. Construction & Development Agreements
Legal drafting for:
Joint Development Agreements (JDA)
Development Rights Agreements (DRA)
Power of Attorney and Tripartite Agreements with landowners/investors
5. Due Diligence for Land Acquisition
Zoning check: residential/commercial use?
Verify Fungible FSI, TDR, or redevelopment rights
Scrutiny of land ownership documents and non-agricultural land (NA) conversion
6. Consumer & Dispute Resolution
Handle disputes related to delayed possession, quality issues, or NOC problems
Represent in RERA tribunal, consumer court, or civil court
7. Registration & Stamp Duty
Guidance on e-filing and registration of agreements
Stamp duty calculation based on ready reckoner rates
Legal handling of gift deeds, lease agreements, or relinquishment deeds
๐ Documents Youโll Likely Need Reviewed or Drafted
Sale Deed / Agreement for Sale
Title Search Report
Mother Deed / Conveyance Deed
JDA or MOU with landowners
RERA Certificates and Layout Approvals
Building Plan Sanctions (from MCGM/SRA etc.)
Occupancy Certificate (OC) / Completion Certificate (CC)
๐ How to Get Legal Help
If you’re looking for hands-on legal service, here are your options:
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Hire a Real Estate Lawyer
Preferably someone practicing in Mumbai High Court or handling RERA & MOFA cases
Law firms like Khaitan & Co, Wadia Ghandy, or boutique realty specialists
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Online Legal Platforms
Vakilsearch, LegalDesk, IndiaFilings, or LawRato offer property title checks and legal drafting at fixed fees
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In-House Counsel (for developers)
For ongoing projects, itโs best to have retained counsel or law firm on record.