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Real Estate & Property

Real Estate Transactions

Acquisitions and disposals structured around the risks the documents reveal.

The Problem

What Is at Stake

Property transactions in India are usually documented in stages: a token advance, an agreement of sale, and a registered sale deed. Each stage commits money before the next is certain. If the agreement is loose about title conditions, timelines or refunds, the buyer’s advance is at risk and the seller can be tied to a buyer who cannot complete.

For businesses, the property is often only part of the deal. A factory comes with approvals, utility connections, tenancies and employees; a land parcel comes with access, zoning and environmental questions. The documents need to deal with all of it, and the price should reflect what is found.

KP Juris advises buyers and sellers through the transaction, aligning the documents with the due diligence findings and the commercial terms agreed.

Scope

Matters We Advise On

  1. Agreements of sale and sale deeds
  2. Acquisition and disposal of land, buildings and units
  3. Advance payments, escrow and refund terms
  4. Conditions linked to title and approvals
  5. Stamp duty and registration planning
  6. Commercial property acquisitions by companies
  7. Gift, release and partition deeds within families
  8. Release of mortgages and transfer of encumbered property

Approach

How We Approach It

  1. 01

    Agree the commercial terms

    Record the price, payment stages, timelines and what each party must deliver before money moves.

  2. 02

    Align with due diligence

    Link each title or approval issue to a condition, a cure obligation or a price adjustment.

  3. 03

    Draft and negotiate

    Prepare or review the agreement of sale and the conveyance, and negotiate the points that carry real risk.

  4. 04

    Close cleanly

    Coordinate stamp duty, registration, payments and handover, and confirm the land and municipal records are updated afterwards.

Key Considerations

What to Know Before You Act

Advances and refunds

An advance paid without clear refund terms is difficult to recover if the seller cannot complete. Tie refunds to specific failures and specific dates.

Stamp duty and market value

Duty is generally charged on the higher of the agreed price and the government market value. Under-stamping can lead to impounding and penalties later.

Records after registration

Registration transfers title, but revenue and municipal records also need to reflect the new owner. Outdated records cause problems at the next sale or loan.

Companies buying property

Board approvals, the authority of signatories and, for some categories of land, statutory permissions for purchase by a company need to be in place before completion.

Related

Related Services and Insights

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