_(Logo)_(10)_1789299615725-vHPjly0Q.png)
Real Estate Sector
Legal advisory for foreign real estate investors, developers, and NRIs acquiring or developing property in India
India's real estate sector — valued at approximately USD 265 billion and projected to reach USD 1 trillion by 2030 — is a significant destination for foreign institutional investment through SEBI-regulated REITs, AIF real estate funds, and direct FDI in townships and construction development. RERA (Real Estate Regulation and Development Act 2016) has significantly improved transparency in the residential segment, while commercial real estate has been transformed by the growth of Grade A office assets and the listing of three SEBI-regulated REITs. Foreign investment in Indian real estate is governed by a layered framework of FDI policy, FEMA, and RERA obligations, with additional considerations for NRI purchasers. RevLaw advises foreign investors, developers, and NRIs on the full spectrum of Indian real estate law.
What We Do
Real Estate FDI Structuring
Advising foreign investors on permissible FDI structures for Indian real estate — development of townships, commercial/residential projects, and hotel/hospitality assets. Navigating FDI policy restrictions (three-year lock-in, minimum area requirements) and structuring compliant holding entities.
REIT Investment & Compliance
Advising foreign investors on acquisition of SEBI-regulated REIT units under the FDI policy, SEBI (REIT) Regulations 2014, and FEMA reporting. Advising REIT sponsors on asset injection, governance, and ongoing SEBI compliance.
Property Acquisition & Title Due Diligence
Conducting title due diligence for commercial and residential property acquisitions in India: tracing chain of title, reviewing encumbrances (mortgages, charges, prior agreements to sell), verifying RERA registration for residential projects, and advising on stamp duty and registration implications.
NRI & PIO Property Investment
Advising NRIs and PIOs on permissible property acquisition in India under FEMA — residential and commercial property on NRO/NRE funds, repatriation of sale proceeds, and FEMA compliance for rental income. Advising on inheritance and gift of Indian property by NRIs.
Developer Contracts & Project Documentation
Drafting and reviewing development agreements, construction contracts, JDA (Joint Development Agreements), joint venture agreements between landowners and developers, and sale/lease agreements. RERA-compliant allotment letters and agreements to sell for residential projects.
Real Estate Dispute Resolution
Representing buyers, investors, and developers in RERA proceedings, consumer forum complaints, and commercial arbitrations arising from real estate transactions. Advising on remedies for construction delays, title defects, and breach of development agreements.
Key Legal Frameworks
RERA 2016 (Real Estate Regulation & Development Act)
Mandatory registration of residential projects, RERA authority oversight, and buyer protection provisions.
SEBI (REIT) Regulations 2014
Framework for Real Estate Investment Trusts — asset eligibility, listing requirements, and governance.
FEMA (NDI) Rules 2019
Governs NRI/foreign investor acquisition of Indian real estate — permissible assets, repatriation, and reporting.
Transfer of Property Act 1882
Primary legislation governing sale, mortgage, lease, and gift of immovable property in India.
Why RevLaw for Real Estate Sector
- Integrated real estate practice: FDI structuring, title due diligence, RERA compliance, and dispute resolution
- Experience advising foreign PE funds and institutional investors on Indian REIT and AIF real estate fund investments
- NRI property advisory practice with FEMA compliance expertise for repatriation and inheritance matters
- RERA proceedings experience across multiple state Real Estate Regulatory Authority forums
- Developer-side and investor-side perspective built across commercial, residential, and hospitality transactions
Discuss a Real Estate Matter
Initial calls are without obligation. We respond within 48 hours.