Real Estate & Infrastructure

For a purchase, due diligence should cover the chain of title (verifying ownership through at least 30 years of title documents), encumbrance certificate (confirming no mortgages, charges, or liens), approved building plans and completion/occupancy certificates, compliance with local zoning and land use regulations, pending litigation or disputes involving the property, unpaid property taxes or utility charges, and RERA registration if the property is in a project covered by the Real Estate (Regulation and Development) Act, 2016. For a lease, due diligence should confirm the lessor’s title and authority to lease, compliance with local rent control laws, permitted use under zoning regulations, and any restrictions in the lessor’s own title documents. Skipping due diligence is one of the most expensive mistakes in real estate transactions.

A commercial lease deed should specify the premises and permitted use, the lease term and renewal options, rent amount, escalation mechanism, and payment terms, security deposit amount and conditions for refund, fit-out and alteration rights, maintenance responsibilities and common area charges, lock-in period (during which neither party can terminate), termination rights and notice periods, consequences of default, registration obligations (leases exceeding 12 months must be registered under Indian law), and stamp duty and registration charges (and who bears them). We advise tenants and landlords on negotiating lease terms that protect their respective interests.

Most infrastructure contracts contain arbitration clauses, and infrastructure disputes are predominantly resolved through arbitration rather than court litigation. These disputes typically involve large claims arising from delays, cost overruns, scope changes, defective work, and termination. Arbitrations can be institutional (under rules such as DIAC, ICC, or SIAC) or ad hoc (with the arbitrator(s) appointed by agreement or by the court under Section 11 of the Arbitration and Conciliation Act). The amounts in dispute are often substantial. Our disputes team handles infrastructure arbitrations involving multi-crore contractual claims before sole arbitrators and three-member tribunals. We also advise on dispute avoidance through proper contract drafting and claims management during the project lifecycle.