The Indian real estate sector is one of the most dynamic and rapidly growing industries, yet it is governed by a complex web of central and state specific laws. Whether you are a first time home buyer, a seasoned investor, a developer, or a corporate entity, navigating the legal intricacies of property transactions can be daunting. From the Transfer of Property Act to the Registration Act, and the game changing RERA regulations, compliance is key to safeguarding your assets.
Property disputes are unfortunately common in India, often arising from unclear titles, family disagreements, or unscrupulous builder practices. A minor oversight in documentation or due diligence can lead to years of litigation and significant financial loss. This is where expert legal guidance becomes indispensable.
At AMA Legal Solutions, we provide end to end real estate legal services in India. Our team of experienced property lawyers specializes in due diligence, dispute resolution, contract drafting, and regulatory compliance. We are committed to protecting your property interests and ensuring seamless transactions.
"Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world."
However, this safety is contingent upon legal clarity. In India, real estate laws are a concurrent subject, meaning both the Central and State governments can frame laws. This leads to a multiplicity of regulations that vary from state to state.
Key legislations governing real estate in India include:
We offer a wide spectrum of legal services tailored to meet the diverse needs of individuals, developers, and corporations.
We handle all types of property disputes, including title suits, partition suits for ancestral property, boundary disputes, and adverse possession claims. Our approach prioritizes negotiation and mediation to resolve conflicts amicably, but we are fully equipped to represent you in civil courts and higher forums if litigation becomes necessary.
Before you sign on the dotted line, our team conducts a rigorous investigation of the property's title. We examine revenue records, encumbrance certificates, and court records for the past 30 years to ensure the property is free from legal tangles, mortgages, and liens. This is the most effective insurance against future fraud.
A well drafted contract is your first line of defense. We draft and vet various legal documents including Sale Deeds, Agreements to Sell, Lease Deeds, Gift Deeds, Will and Testament, Power of Attorney, and Joint Development Agreements (JDAs). We ensure every clause is legally sound and protects your interests.
We represent both landlords and tenants in disputes related to eviction, non payment of rent, breach of lease agreements, and maintenance issues. We are well versed with the various Rent Control Acts applicable in different states and can guide you through the legal process of eviction or defense.
The Real Estate (Regulation and Development) Act, 2016 has revolutionized the sector. We provide specialized services for both buyers and developers under RERA.
If you are a victim of delayed possession, false promises, or poor construction quality, RERA is your shield.
Compliance with RERA is mandatory to avoid heavy penalties and project stalling.
Investing in real estate is often the largest financial decision of one's life. Skipping due diligence to save a small amount on legal fees can be a catastrophic mistake. Property fraud is sophisticated, and issues often lie buried in decades old records.
Common risks avoided by proper due diligence include:
We follow a structured approach to ensure every aspect of your real estate matter is handled with precision.
We begin with a detailed consultation to understand your specific situation. Whether it is a purchase, sale, or dispute, we analyze the facts and formulate a legal strategy tailored to your goals.
For transactions, we conduct thorough title searches and document verification. For disputes, we gather evidence, review case history, and identify legal precedents that support your case.
We draft robust legal documents, agreements, or court petitions. We ensure all filings are done within limitation periods and adhere to procedural requirements to prevent technical rejections.
We assist in the final registration of deeds at the Sub Registrar's office. In litigation matters, our senior advocates vigorously represent your interests in court until a favorable order is secured.
Having the right documents is half the battle won. Here is a general checklist for property transactions:
Real estate law requires local expertise and a deep understanding of regulatory nuances. Here is why we are the preferred choice for property matters:
Decades of experience in handling complex property disputes and high value transactions.
We leave no stone unturned in verifying titles to ensure your investment is 100% safe.
From initial verification to final registration and litigation support, we are with you at every step.
"I was facing a serious property dispute with a builder who delayed possession by 3 years. AMA Legal Solutions helped me file a case in RERA and I got my refund with interest. Excellent service!"
Rajesh Kumar
IT Professional, Bangalore
"Their title verification service is top notch. They found a hidden litigation on a property I was about to buy, saving me from a huge financial loss. Highly recommended for property due diligence."
Priya Sharma
Entrepreneur, Delhi
Property title verification is the most critical step before purchasing any real estate in India. It ensures that the seller has a clear and marketable title to the property, free from any encumbrances, liens, or legal disputes. A thorough title search, conducted by an experienced real estate lawyer, traces the history of ownership for the past 30 years to confirm that there are no hidden claims. This process protects the buyer from future litigation and financial loss.
The Real Estate (Regulation and Development) Act, 2016 (RERA) was introduced to protect the interests of home buyers and boost investments in the real estate sector. RERA mandates that developers register their projects, adhere to approved plans, and deposit 70% of the funds collected from buyers into a separate escrow account. It provides a fast track dispute resolution mechanism for issues like delayed possession, poor construction quality, and misleading advertisements. RERA empowers buyers to claim interest on delayed possession or a full refund with interest.
The documents required for property registration vary slightly by state but generally include the Sale Deed, Mother Deed (previous ownership documents), Building Plan Approval, Encumbrance Certificate, Khata Certificate, Tax paid receipts, and identity proofs of both buyer and seller (PAN Card, Aadhaar). You also need to pay the applicable Stamp Duty and Registration Fee. Our legal team assists in collating and verifying all these documents to ensure a smooth registration process.
Yes, Non Resident Indians (NRIs) can buy both residential and commercial properties in India without requiring any special permission from the Reserve Bank of India (RBI). However, they cannot purchase agricultural land, plantation property, or farmhouses without specific government approval. The payment must be made in Indian Rupees through normal banking channels or NRE/NRO accounts. We specialize in assisting NRIs with property transactions and legal due diligence.
A Lease Agreement creates an interest in the property and typically allows for transfer of possession for a longer duration, often governed by Rent Control Acts which can make eviction difficult. A Leave and License Agreement, on the other hand, only grants permission to occupy the property for a specific purpose and period without creating any ownership interest. Leave and License agreements are generally preferred by landlords for residential purposes as they offer easier eviction processes and better legal protection.
Property disputes among family members are common and can be resolved through various methods. The first step is usually mediation or negotiation to reach a family settlement. If that fails, you can file a partition suit in the civil court to divide the property according to your share. It is advisable to have a clear Will or Gift Deed to avoid such disputes. Our family property lawyers are experts in handling partition suits and family settlements with sensitivity and legal precision.
The limitation period for filing a suit for possession of immovable property based on title is 12 years from the date when the possession of the defendant becomes adverse to the plaintiff. If you have been dispossessed from your property, you must take legal action within this timeframe. Delaying legal action can lead to the loss of your right to claim the property under the doctrine of Adverse Possession.
Yes, under the Registration Act, 1908, any lease of immovable property for a term exceeding 11 months must be compulsorily registered. Unregistered agreements for periods longer than 11 months are not admissible as evidence in court. Even for shorter durations, it is highly recommended to register the agreement to protect the rights of both the landlord and the tenant and to avoid future legal complications.
An Encumbrance Certificate (EC) is a vital document that serves as evidence that the property in question is free from any monetary or legal liabilities such as mortgages or uncleared loans. It contains details of all transactions registered against the property for a specific period. Obtaining a Nil Encumbrance Certificate is essential before buying a property to ensure you are getting a clean title.
We provide comprehensive legal support for builder disputes, including filing complaints under RERA for delayed possession, structural defects, or deviation from approved plans. We also represent buyers in Consumer Forums and the National Company Law Tribunal (NCLT) for insolvency proceedings against defaulting developers. Our goal is to ensure you get your dream home or a full refund with interest.
Get immediate legal advice for property disputes and registration.
Call +91-8700343611Request CallbackOur real estate legal services services are available across all states and union territories in India