HRERA MATTERS

Ankit Sharma has formed a dedicated team to advise various stakeholders (developers, investors, funds, and landowners) on legal and regulatory issues relating to real estate developments. The company has hired some of India’s top real estate attorneys, all of whom have vast expertise in matters related to the development and construction of all sorts of arenas be it commercial or residential.

 Our team is  known for conducting thorough due diligence and in-depth research for transactions and assisting clients in ensuring compliance with the Real Estate (Regulation and Development) Act, 2016. (HRERA). Our real estate team is also known for assisting investors with grievances filed under the Real Estate (Regulation and Development) Act of 2016 (RERA).

 

Services we offer for Real estate matters (HRERA):

  • Ownership Matters
  • Property Matters
  • Real Estate Investment Matters 
  • Trust related concerns
  • Dispute Resolution concerns 
  • Conveyance and lease deeds 

 

Why choose us for your real estate issues: 

  • In-depth research and assistance 
  • Minimizing scope of dispute
  • All sorts of legal drafting
  • Expertise and experience 

 

    1.  

Frequently Asked Questions About Real Estate Matters

Conveyance Deed is a legal document through which the seller party transfer all his rights of owning the asset. Upon signing, the original owner of the property is giving up his rights of the property against some against a valid consideration [most of the times it is monetary]. The transaction of property is not considered valid in the absence of a conveyance deed. All the types of deed such as gift, exchange, mortgage, relinquishment, and sale deed is a part of conveyance deed. 

On the other hand, the lease deed is the transfer of property ownership from one party to another by selling it in exchange for money. It also acts as a proof of the validity of the owner on that property.

Dispute resolution is the process of deciding a dispute or a conflict that has arisen between transacting parties. The decision can be arrived at either in an amicable manner or adversarial manner, either by the parties themselves or a neutral third party. The differences between the parties are addressed by dealing with their transaction-related interests.

 

Broadly, there are three methods of dispute resolution:

Traditional Dispute Resolution

Alternate Dispute Resolution

Hybrid Methods of Dispute Resolution

While the traditional dispute resolution method or litigation refers to the proceedings before an appropriate court of law according to the procedure established, the alternative methods are more flexible and party-centric and include negotiation, mediation, conciliation and arbitration. Hybrid-methods, as the name implies are a cross-over between two alternative methods of dispute resolution.

The need to evolve alternative mechanisms to reduce the burden of the Courts and provide speedy access to justice alongwith the revival and strengthening of traditional systems of dispute resolution prompted the introduction of ‘Section 89’ in the Code of Civil Procedure, 1908 and ultimately, the Arbitration and Conciliation Act, 1996. The former opened the passage of statutory reference to ADR, either by the Courts or the parties themselves.

Under the provisions of Section 89, CPC, reference for the resolution of disputes could be had to any one of the following:

Arbitration or Conciliation– Proceedings under the provisions of the Arbitration and Conciliation Act, 1996.

Lok Adalat– Reference to Lok Adalat under Section 20 (1) of the Legal Services Authorities Act 1987, all provisions of which shall then apply.

Judicial Settlement- Reference by Court to a suitable institution or person who/ which shall be deemed to be a Lok Adalat and all other provisions of the 1987 Act shall apply

Mediation-Court/third person effects a compromise between the parties