Areas of Practice

Real Estate and Transactions

The Real Estate and Transactions team at H & Co. Legal is well versed with the theoretical, practical and procedural aspects of various subjects under Real Estate and provides practical and sensible keys to every issue and provides the following services:

  • Structuring Joint Ventures for Real Estate Development;
  • Advise on compliance with various central and state laws applicable to real estate project development, such as the Real Estate (Regulation and Development) Act, 2016, Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, etc.;
  • Working with real estate consultancies from the inception of real estate projects, assisting them with preparing documentation (including information memoranda and various agreements) and advising on legal, technical and regulatory issues relating to the sale and purchase of properties;
  • Conducting due diligence and title verification in respect of the acquisition and disposal of agricultural and non-agricultural lands, structures, buildings, flats, commercial spaces and industrial units across India, issuing title reports and certificates relating to property titles;
  • Acting for clients letting or leasing all types of properties, including conducting negotiations, preparing agreements and other documentation;
  • Structuring and advising on real estate redevelopment projects;
  • Assisting companies in acquisition of MIDC plots on lease hold basis;
  • Assisting companies in acquisition of land for developing modern logistics parks;
  • Advising and assisting companies in acquisition of land for setting up townships and undertaking layout development under diverse policies of the central and state governments, such as the Special Township Policy, Tourism Policy, Information Technology and Information Technology Enabled Services (IT and ITES) Policy, policies relating to Integrated Industrial Townships etc.;
  • Providing inputs on matters related to zoning, land use under various reservations and regulation of land use and allied laws relating to the construction and redevelopment of properties;
  • Advising on stamp duty and registration related issue;
  • Advising developers, owners and housing societies on the RERA registration of their projects, their obligations and liabilities under the RERA, the amendments required to their legal documentation and the changes needed to their project structures;
  • Advising real estate consultancies on their rights and obligations as real estate agents under the RERA;
  • Advising allottees under the RERA about their rights under the statute;
  • Advising clients about their options for dispute resolution under the RERA and representing clients before the RERA authority and appellate authority;
  • Acting for clients on the redevelopment of properties leased from the central government, state governments and various government bodies and public entities
  • Acting for clients on the redevelopment of properties belonging to cooperative societies
  • Assisting with the redevelopment of cessed properties and dilapidated buildings
  • Preparing documentation for redevelopment, including development agreements, joint venture agreements, development management agreements, work contracts and agreements among tenant and occupants;
  • Assisting with proceedings for the summary eviction of non-cooperative tenants and occupants;
  • Advising on the formation and registration of cooperative societies.

Litigation and Dispute Resolution

With a Litigation and Dispute Resolution team regularly providing creative and viable solutions, the Firm assists advises clients in pre and post litigation stages including:

  • Formulating Pre-disputes Strategy;
  • Commercial and Contractual Disputes;
  • Civil Litigation;
  • Arbitration (ad-hoc and institutional);
  • Insolvency & Bankruptcy Code;
  • Constitutional and Writ Jurisdictions;
  • Intellectual Property Matters;
  • Real Estate Matters;
  • Criminal Matters.
  • Real Estate Regulatory (RERA and MOFA) Matters;
  • Matter before Quasi-Judicial, Revenue and Local Authorities;

The dispute resolution team assists advises clients in the following judicial, quasi-judicial and administrative forums across Maharashtra:

  • District and Sessions courts;
  • Arbitration Tribunals (both ad hoc and institutional);
  • Commercial Courts;
  • High Court of Judicature, Bombay (assist and advice);
  • National Company Law Tribunal and National Company Law Appellate Tribunal (assist and advice);
  • Real Estate Regulatory Authority and the Appellate Tribunals;
  • National Green Tribunal;
  • Other specialised tribunals and administrative authorities such as consumer disputes redressal forums, State Forums;
  • Co-operative society courts;
  • Debt Recovery Tribunals;
  • Revenue authorities such as Circle Officers, Sub-Divisional Officers, Additional Collectors, Commissioners, etc;
  • Criminal Courts;

Corporate

  • Advising companies on the legal and regulatory aspects;
  • Advising on various corporate governance issues, including the formation of companies and regulatory compliances;
  • Advising companies on and drafting various general commercial agreements, such as employment agreements, consultancy agreements, confidentiality agreements, services agreements, escrow agreements, software development agreements, tender documents etc.;
  • Advises companies on and assists with the drafting of various corporate documents.

Private Client Practice & General Advisory

  • Advising on issues such property settlements for families;
  • Advising on the resolution of family disputes, particularly in respect of the division and distribution of family estates;
  • Advising on structuring the estates of individuals, companies, trusts, societies etc to make these more tax efficient;
  • Advising on the maintenance and partition of Hindu Undivided Family (HUF) property
  • Advising and assisting clients on the formation and structuring of private and public charitable trusts;
  • Drafting trust deeds and ancillary documents for the management of trusts by the settlor, trustees, companies, financial institutions etc.
  • Assisting with issues related to succession and testamentary disposition of property;
  • Advising on the inheritance of ancestral property
  • Preparation of wills and codicils
  • Advising on, filing and obtaining testamentary documents including probates, letters of administration and succession certificates;
  • Advising and preparation of advanced directives, which consists of a living will and a durable power of attorney.

In addition to its client oriented practice, the Firm places equal importance on learning, thereby nurturing and encouraging bright and young legal minds, through its highly sought after internships.