Hariani & Co. represents eminent business houses, real estate owners, developers, investors, financial institutions, lenders, real estate funds, consultancies, tenants, housing societies, brokers, purchasers and individuals in diverse real estate transactions. The firm has a strong foundation in advising and representing clients in conventional real estate practice areas such as the sale and purchase of property and conducting investigations into unique and complicated issues relating to property title. Over the years, the firm has also earned a strong reputation for developing innovative structures and assisting clients with documentation and negotiations in this practice area. The firm has the knowledge and capacity to advise clients on both legal and technical issues related to real estate as well as providing strategic support to clients.
Hariani & Co. was the first Indian firm to act in a transaction involving foreign direct investment in the Indian real estate sector at an entity level. It is a pioneer in the emerging field of real estate investment in India and has actively advised on several real estate finance projects. The firm has also represented clients in unique “built to suit” real estate transactions. Hariani & Co. is geared to handle and advise on the challenges to and future transformations proposed in the Indian real estate sector.
Hariani & Co. has handled numerous transactions involving a combination of real estate and corporate structuring. The firm has also successfully represented numerous clients (including major business houses and high net-worth individuals) in, and obtained favourable outcomes in, high-stakes litigation in respect of strategic and commercially valuable properties.
Hariani & Co.’s experience in the field of real estate law is well recognised. The firm is an active member of both the Asia Pacific Real Estate Association (APREA) and the National Real Estate Development Council (NAREDCO) West. The firm has also been invited by the government to make representations on proposed real estate legislation, on behalf of both itself and NAREDCO West.
The firm’s expertise in this practice area includes:
- Acting for clients in transactions involving real estate financing through Non-Banking Financial Companies (NBFCs), funds, real estate trusts, non-convertible debenture / optional convertible debenture structures and inter-corporate deposits
- Advising on the legal and regulatory aspects of foreign investment in the Indian real estate sector
- Advising on suitable structures for real estate funds, trusts (including real estate investment trusts (REITs)) and corporate houses, from a legal, tax and regulatory perspective, and undertaking related documentation
- Structuring joint ventures for real estate development
- Advising on compliance with various central and state laws applicable to real estate project development, such as the Real Estate (Regulation and Development) Act, 2016 and the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963
- 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
- Preparing agreements and other documentation in respect of the financing, construction and development of residential, industrial and commercial premises, including office buildings, IT parks, hotels, shopping malls and serviced apartments
- 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
- Conducting due diligence with respect to properties in real estate investment transactions, including investment through loans, inter-corporate deposits, trusts, funds etc.
- Acting for clients letting or leasing all types of properties, including conducting negotiations, preparing agreements and other documentation
- Representing clients in various types of litigation matters involving real estate
- Structuring and advising on real estate redevelopment projects
- 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 Industrial Townships etc.
- Acting on Special Economic Zone (SEZ) projects and their implementation throughout India
- Assisting companies to undertake infrastructure work, including road and bridge development, port development and power projects (including alternative energy projects)
- Advising and acting on matters related to zoning and regulation of land use and allied laws relating to the construction and redevelopment of properties
- Advising on taxation and tax-saving measures, in consultation with tax law experts
- Advising on stamp duty and registration related issues
Real Estate Finance
Hariani & Co. is a pioneer in the emerging field of real estate investment in India. The firm has advised on real estate investments through NBFCs, funds, non-convertible debenture / optionally convertible debenture structures and inter-corporate deposits. The firm has the knowledge, information and resources to advise clients on the legal, technical and strategic issues involved in real estate financing transactions, including real estate investment trusts (REITs). The services provided by the firm include conducting due diligence exercises, providing title reports and documentation, and negotiating and preparing loan, investment, mortgage and other security documents, such as loan or investment agreements, mortgage and hypothecation documents, debenture trust deeds etc.
Real Estate (Regulation and Development) Act, 2016
Hariani & Co. has been involved in the development and adoption of the Real Estate (Regulation and Development) Act, 2016 (RERA) from its early stages. Hariani & Co. provided the government with inputs on the RERA at the policy stage, while the RERA was still being developed. The firm also conducted a number of training sessions for clients and prepared research papers on the statute in the months before the RERA came into force.
The firm now provides clients with the following RERA-related services:
- 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 financers, including banks and NBFCs, about the withdrawal of receivables and enforcement of mortgages under the RERA and assisting them with project structuring and documentation
- 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
The firm regularly works on real estate redevelopment projects, including slum rehabilitation projects. The firm has experience with:
- Acting for clients on the redevelopment of properties leased from the central government, state governments and various government bodies and public entities across the country
- Acting for clients on the redevelopment of properties belonging to cooperative societies
- Assisting with the redevelopment of cessed properties and dilapidated buildings
- Working on specialised slum rehabilitation projects
- 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
- Assisting with proceedings before courts, the Slum Rehabilitation Authority (SRA) and the High Power Committee (HPC) of the SRA
- Advising on the formation and registration of cooperative societies