REAL ESTATE

Real estate cases involve disputes or legal issues concerning land, residential, commercial, or industrial property. These cases may arise due to issues in property transactions, delays by builders, land acquisition disputes, illegal possession, title fraud, regulatory non-compliance, or contractual violations.

Real estate cases are governed by multiple central and state laws, and may involve civil courts, consumer forums, RERA authorities, or arbitration.

Common Types of Real Estate Disputes

1. Builder-Buyer Disputes

• Delay in possession of flats
• Non-completion of project as per agreed specifications
• Non-refund of booking amounts or cancellation charges
• Forfeiture of advances or escalation of costs

2. Title Disputes

• Doubtful or unclear ownership of land or property
• Sale of property by unauthorized persons

3. Land Acquisition & Compensation Issues

• Disputes over compensation by government or private developers
• Disputes over fair market value and rehabilitation

4. RERA Violations

• Projects not registered under RERA
• Non-compliance with disclosures and timelines
• Buyer rights under RERA not honored

5. Illegal Construction and Encroachments

• Unauthorized building beyond sanctioned plans
• Disputes over easement rights and land encroachment

6. Lease/Rent Disputes

• Breach of lease agreements
• Illegal eviction or non-payment of rent

7. Joint Venture/Collaboration Conflicts

• Misuse of property in development agreements
• Disputes between landowners and developers

Applicable Laws in Real Estate Matters

• Real Estate (Regulation and Development) Act, 2016 (RERA)
• Transfer of Property Act, 1882
• Indian Contract Act, 1872
• Indian Easements Act, 1882
• Registration Act, 1908
• Specific Relief Act, 1963
• Consumer Protection Act, 2019
• State Municipal and Land Revenue Laws
• Arbitration and Conciliation Act, 1996 (in case of arbitration clauses)

How Lawtech Can Help in Real Estate Disputes

As a law firm, Lawtech offers end-to-end legal services for individuals, builders, developers, landowners, tenants, and investors in all real estate matters—transactional, regulatory, or litigation-based.

1. Legal Due Diligence

• Title search and property history verification
• Encumbrance checks and municipal compliance
• Verifying RERA registration and project approvals

2. Drafting & Reviewing Agreements

• Sale deeds, lease deeds, construction agreements
• Development agreements and MoUs
• Power of Attorney and collaboration agreements

3. Builder-Buyer Dispute Handling

• Filing complaints before RERA and Consumer Forum
• Claim for refund, delay compensation, or possession
• Representing in arbitration or civil courts if required

4. Landowner & Developer Advisory

• Drafting Joint Development Agreements (JDAs)
• Revenue sharing or area sharing models
• Resolving disputes over implementation of JV terms

5. Dispute Resolution & Litigation

• Title suits, possession suits, injunctions
• Specific performance of property contracts
• Boundary disputes and illegal construction cases

6. Representation in RERA Proceedings

• Filing complaints under Section 31 of RERA
• Representation before Adjudicating Officers and Real Estate Regulatory Authority
• Appeals before RERA Appellate Tribunal

7. Arbitration Support

• Arbitration in real estate agreements
• Drafting arbitration clauses and arbitration petitions
• Representation in domestic and institutional arbitrations

8. Property Recovery and Execution

• Eviction of illegal occupants or encroachers
• Execution of decrees for possession or damages
• Police protection orders if needed

Why Choose Lawtech for Real Estate Cases?

• Expertise in both regulatory and civil aspects of real estate law
• Strong understanding of RERA processes, timelines, and documentation
• Skilled team for representation in Consumer Courts, RERA, Civil Courts
• Structured documentation and due diligence practice
• Dedicated support for NRI clients and cross-jurisdictional disputes
• Pre-litigation advisory to avoid costly court battles