Professional Expertise

Resolve Law Partners has, in their relatively short existence, carved an enviable niche for themselves, in the practice of real estate law, by facilitating some of the most significant real estate matters in the recent past. The vast experience of the partners ensures a high-level proficiency in diverse aspects of real estate law.

Resolve Law Partners boasts of expertise in Transaction-based matters, Litigation as well as other legal aspects.

Resolve Law Partners has been instrumental in iconic projects like the BKC ONE, Seawoods Grand Central & The Capital, BKC.

TRANSACTION-BASED EXPERTISE

REDEVELOPMENT

  • Representing various Society/Tenants, Lessees/Lessors and Landlords and Developers all over Mumbai especially in Bandra, Khar, Santacruz, Dadar, Borivali, Chembur, Andheri, Shivaji Park, Byculla, etc. for redevelopment of their Society Property / ownership properties with various Society including:
    • complex redevelopment
    • PTC schemes/ PAP Schemes
    • SRA Schemes/ Clubbing Schemes,
    • Development Management Agreement, etc. and
    • successfully negotiating on various commercial terms, security of Society members/Tenants, security for completing the Project and timely completion;
  • Advising various Society/ies in Mumbai on various aspects of Society laws, redevelopment, defaulting members, recoveries, etc.
  • Documentation for a Society Redevelopment of 3 Acres Land in Andheri Lokhandwala, Mumbai for Puravankara Limited.

LEGAL OPINION & LITIGATION

  • Drafting and arguing matters in respect of stamp duty valuation before the JDR, DIGR and High Court by way of Writ; Strategizing Stamp Duty related matters.
  • Conducted various researches and drafted opinion on the subject of property tax for the Airport Authority of India, Bombay Public Trust Act, 1950;  Maharashtra Co-operative Societies Act, 1960;  Maharashtra Ownership of Flats Act, 1963;  Maharashtra Apartment Ownership Act, 1970;  Urban Land (Ceiling & Regulation) Act, 1976;  Service Tax Act, Works Contract, Slum Rehabilitation Project on the Airport Authority of India land, Mumbai Municipal Corporation Act, Bombay Stamp Act and Registration Act in various matters.
  • Advising and handling matter relating to revenue department, viz. sub-division of land, mutating name in the collector record (P.R. Card), mutating the names of the purchaser in the 7/12 extracts,
  • Prepared presentations to update, explain and inform various Developers and their respective teams including the promoters, sales team, finance team, Liaisoning team, execution team, about Real Estate Regulation & Development) Act 2016 (“RERA”), and educated them as to how RERA would affect each department and its implications;

ACQUISITION NEGOTIATIONS

  • Drafting negotiating all documents for Private Equity deals including Blackstone deal worth INR 3000 Crores for ONE BKC Building in BKC, Mumbai, which also included drafting and finalising Deed of Declaration and Deed of Apartments (Formation of Condominium) for ONE BKC Building, BKC, Mumbai.
  • Strategizing, drafting & negotiating all acquisition documents for property which is acquired by Blackstone Group in Seawoods Project, Navi Mumbai – Deal size apprx. INR 1800 Crores. Also drafting and finalising Deed of Declaration and Deed of Apartments for Seawoods Grand Central Mall, Seawoods, Vashi (formation of a Condominium).
  • Closed end-to-end transaction like acquiring bungalow in Bandra West for the Promoters (deal size 108 Crs.), solely handled drafting negotiating and finalising the documentation for acquisition along with funding by banks; 
  • Individually negotiated on behalf of the developers & drafted various agreements for all purchasers, long term leases for lessees of various units in the commercial mall in Pune, Ahmedabad and Mumbai (including Reliance Industries Limited, Adlabs Cinemas (now Big Cinemas), various retailers, etc.).

JOINT DEVELOPMENT AGREEMENTS

  • Drafting, negotiating and finalising Joint Development Agreement with various companies including Reliance Industries Ltd. for a commercial Plot in BKC (i.e. One BKC Building). 
  • Structing, advising, drafting documents for a Society Redevelopment of 3+ Acres Land in Andheri Lokhandwala, Mumbai for Puravankara Limited.
  • Drafting and negotiating various kinds of Joint Development Agreement including that of Special Township in Panvel, Redevelopment of societies, Joint Development Agreements pertaining to different Regulations including 33(5) (MHADA Scheme) Regulation 33(7) (Tenants Redevelopment-Island city)/ Regulation 33 (9) (Cluster Redevelopment) / Public Parking Lot / Slum Redevelopment / Regulation 33 (11) (Slum PTC Projects) of Development (Control and Promotion) Regulation for Greater Mumbai, 2034, land under NDZ/ Eco Sensitive Zone (ESZ).

CONDOMINIUMS

  • Formation of Condominium, drafting of Deed of Apartment, Declaration, etc.; Formation of Society and handover of the Project to the Society/ Condominium;
  • Advising on the formation of a Condominium, including on complex cases wherein; A building consisting of 30 flats wherein 14 Flats owners formed a Society and conveyance was granted of respective undivided share in the land along with the 14 flats to the Society and the remaining 16 flat owners formed a condominium and a declaration was prepared under the provisions of MAOA.

TRANSACTION STRUCTURE & DOCUMENTATION

  • Drafting & structuring complex transactions for many developers for acquisition of properties, redevelopment, Joint Development, Revenue Share basis, Area share basis, in form of Development Management Agreement (DM Agreement), Project Management Consultant Agreement (PMC Agreement), Joint Development Agreement;
  • Drafting, negotiating and finalising over 75+ projects Booking Forms, Allotment Letters, MOFA/RERA Agreements, possession letters, notices to purchasers, reminder, termination letters and all types of documentation which the Developer is required to execute during the phases of development including the phases of sale, post sales, during handover, etc.
  • Drafting MOFA & RERA Agreements, Allotment Letters, etc. Selling Units by way of structured deals with pre-leased units, etc.
  • Expertise in Drafting Deeds including LLP Agreements, Partnership Deeds, Deed of Retirement, in the manner to accommodate the partners to function and also to capture commercial obligations, responsibilities and understanding between JV Partners for independent Projects.
  • Creating and vetting various investor documents for structured deals for various transactions including that for acquisition of Flats from Developer with fixed returns variables, etc. while ensuring security of monies advanced to the Developer;
  • Drafted various agreements for transfer, surrender and creation of tenancy rights (residential and commercial).
  • Drafting, negotiating and finalising Brokers Agreement, Channel Partner Agreements for various companies to be signed by CP’s and ICP’s like Brookefield, ANAROCK, Aura Consultancy, Exclusive Agency Agreement, Advertising Agreement with KARVY, etc. and Digital Service Agreements for the Marketing Team;

FINANCING

  • Drafting and negotiating various loan scheme including Subvention Scheme documents for Developer with Banks and Financial institutions, both against allotment letters of registered MOFA/RERA Agreements with banks and NBFC’s like HSBC Bank, Bank of Baroda, Indiabulls, L&T Finance, Punjab National Bank, ICICI Bank, HDFC Bank, etc. 
  • Reviewing and negotiating entire Financing documents (including issuing redeemable Non-convertible Debenture), for The Wadhwa Group, Radius Group and successfully closed documentation for over 50,000+ Crores, with various banks and financial institutions and NBFCs;

ESCROW

  • Drafting and advising on an Escrow Agreement wherein we were advising a Developer (lender) and also advised on the mechanism of the lending by way of Debenture Subscription Agreement.
  • Drafting Escrow Agreement for pledge of shares with Khaitan & Co (Escrow Agent), as well as advising on the Debenture Subscription Agreement for funding of 300 Crores by Avinash Bhosale Group to Skylark Buildcon Private Limited.

LEASING

  • Drafting and negotiating entire leasing documentation both bulk as well as individual lease deeds including drafting, negotiating and executing documents pertaining to the Retail Mall for the Developer /Owner with 200+ Retail Brands in Pune and Mumbai, Maharashtra.
  • Advising and drafting Memorandum of Understanding on behalf of Luxora Infrastructure Private Limited (Aanya Properties) for leasing of 250 flats to LIC HFL Care Homes Limited (LICHFLC) in their Special Township Project in Nagpur. Structuring the transaction and drafting various agreements in this regard. Advising on the stamp duty aspect and the benefits available under the Special Township Scheme of the Government of Maharashtra.

LAND ACQUISITION

  • Solely handled the transaction involving sale of 300 acres of land owned by Harrisons Malayalam Limited and its nine group companies at Nagapatnam, Tamil Nadu. Completed the entire transaction in 3 days with drafting of all documents including sale deeds, power of attorney, etc. and getting the same registered.
  • Advising Mahindra Holiday Resorts India Limited (MHRIL) on the title of the Property/ies and its acquisition of land (i) admeasuring approximately 250 acres in Satara, Maharashtra and (ii) in Junagadh (Gir Forest), Gujarat for setting up of its Luxury Resorts.
  • Structuring, negotiating and drafting MoU, agreement for sale and deed of conveyance for the agricultural land, industrial land and non-agricultural land (with and without an existing factory) for properties admeasuring from 50 acres to 446 Acres.
  • Advising and structuring on acquisition of 110 acres of agricultural land at village Shahapur, Thane District for Jindal Polyfilms Limited for setting up an industry. Conducted title due diligence, drafted aggregator agreement, agreement for sale with farmers, power of attorneys, etc. Also negotiated the transaction on behalf of the clients with the aggregator and structured the deal.
  • Advising and structuring the acquisition of 267 Acres of land in Nagpur for setting up Special Township under the Special Township Policy of Nagpur; Advising, structuring and preparing documentation for sale /lease of the residential and commercial space in the Township; Sale of 248 flats in the Special Township to LIC Housing and preparing all related documents for the same including MOU, allotment letters and Lease Deed;

IT PARK

  • Advised, drafted and negotiated various documents in respect to acquisition of STPI Units. Units in IT Park (including due diligence) for commercial use as well as residential properties on long term lease basis in different metropolitan and non-metropolitan cities like Hyderabad, Mumbai and Chennai by Qualcomm India Private Limited (Delaware Corporation, USA).  
  • Structuring the acquisition and title investigation of properties for Anand Rathi Financial Services Private Limited in Private IT Parks in Pune and Mumbai for IT/ITES/ IT support services as well as for commercial use as and by way of investment;
  • Solely advising and handling the transaction for acquisition of approximately 4,50,000 sq. ft. of commercial space worth INR 787 crores in Mumbai in a Private IT Park at Lower Parel. The transaction involved investigation of the title of the property, carrying out all steps involved for issuing of title certificate, drafting and negotiating agreement for sale and also tackling issue and queries relating to IT / ITES Policy of 2003 and of 2009.

MIDC TRANSACTIONS

  • Assignment of 6 acres of leasehold land owned by MIDC at Bhiwandi Kalyan Road, investigation of title for the property, issuing title certificate after considering various issues relating to factory land, labour NoC, MIDC approval, transfer premium payable, issue of stamp duty, etc. preparing deed of assignment of lease, power of attorney, indemnities, etc.
  • Assisting and advising Beiqui Foton Motors Limited for acquiring of an MIDC leasehold land in MIDC Chakan, Pune.
  • Advising CESC for acquisition of approximately 450 acres of industrial land of MIDC situated at Tadali Chandrapur, Maharashtra (by way of acquisition of the Company Dhariwal Infrastructure Pvt. Ltd.) for setting up its power project, advising on the MIDC transfer fees applicability on acquisition of 100% shareholding of a lessee Company for acquisition of the aforesaid land.

ADVISORY, DUE DILIGENCE & TITLE INVESTIGATION

  • Acquisition documents and title due diligence for Param Capital to acquire an ultra luxury duplex Apartment at Lodha Malabar for a client. Ticket size INR 270 Crs
  • Advising the clients and drafting and negotiating the Agreements and Deed of Conveyance for the sale of the property of Hindustan Composites Limited, for their property at Ghatkopar, Mumbai which was sold to Wadhwa Group for Rs.630 crores.
  • Advising Sawant Builders and Developers for acquisition of 7 properties in Grant Road for cluster redevelopment. Conducting title due diligence and issuing title certificates for each of the 7 properties. Drafting conveyance, affidavits power of attorneys, possession letters, application for change of name in the PR Card, etc.
  • Advised Blackstone Group for their acquisition in CMS Computers Private Limited (CMS). Conducted a detailed title investigation of all the properties of CMS across the nation. Advised on matter related to acquisition of properties by a company across India. Drafted shareholders agreement, share purchase agreements, Indemnities, resolutions, resignation of directors, etc.
  • Conducting title due diligence of various agricultural, non-agricultural, industrial, residential, etc. types of lands including that of 550 Acres of agricultural and non-agricultural land in 4 villages in Panvel, verification of title which also involved tribal lands, disputed lands, etc. Drafting Aggregator Agreements, Sale Deeds, advising on stamp duty, Sec 63A of BTAL Act., entering into a Development Agreement for such land parcels along with Gulf Finance House (GFH) and the Wadhwa Group. Advising on the development and RERA Act and Rules in respect to the larger land parcel.
  • Investigated title and issued title certificate in respect to the land of BEST Undertaking situated at Oshiwara, Goregaon, Mumbai for approximate 1,54,000 sq. mtr. to enable IIIFL to finance The Wadhwa Group for their projects. Provided an opinion to IIIFL on mortgagibility of development rights under the development agreement, for funding of INR 450 Crores to Wadhwa Group.
  • Headed the due diligence process (Real Estate side) for acquisition of stake in Patni Computers Limited by iGate / Apax Partners for all its property in India.
  • Investigated title of the property and drafted various title certificates for Elpro International Limited for their 3 projects in Pune, Inox Leisure Limited and Reliance Industries Limited for their respective properties across India.
  • Investigated the title and issued title certificate in respect to land admeasuring 32,817.36 sq. meters owned by Kilburn Engineering Limited situated at Bhandup and Nahur villages, Mumbai, drafted and negotiated the development agreement with HDIL in respect to the said property.
  • Conducted title investigation of 446 Acres of Land situated at Kalyan-Dombivali Municipal Corporation (Kalyan-Mumbai), negotiated and drafted MoU and deed of conveyance for the same with K. Raheja Universal. 
  • Investigating the title of the property and negotiated on various terms and conditions of the Agreement for Sale (MOFA) for acquisition of high value flats in BeauMonde (Sheth Developers), Prabhadevi, Imperial Tower (Shapoorji Pallonji) and at Orbit Arya (Orbit Group), Nepeansea Road, Mumbai.
  • Conducted due diligence and prepared a report on the property (involving slums) of Airport Authority of India (Mumbai) for one of the bidders in respect to the bidding for modernisation of Mumbai Airport.

BUSINESS ACQUISITIONS, MERGERS & DEMERGERS

  • Advising and structuring for Mahindra Holidays and Resorts India Limited (“MHRIL”) for their acquisition (i) of Regal Hotel in Matheran, advised on structuring, negotiating the terms and conditions for MHRIL, drafted the Memorandum of Understanding (“MoU”), Assignment of Lease, investigation of title in respect to the said property being Collector land, attending Collector’s office at Alibaug for obtaining permission for assignment of lease; (ii) acquisition of 106 acres of non agricultural land at Satara, Maharashtra and (iii) acquisition of the Hotel owned by Wonderland Residency Pvt. Ltd. in Gir, Junagadh, Gujarat. 
  • Jointly advised Reliance Industries Limited with Earnst & Young, for re-allocation of RIL’s 300 commercial properties spread across 17 states in India within their other group companies. Advised on the merger and demerger of various companies within the RIL group as well as on cost saving aspects interalia in respect to stamp duty and registration charges for re-allocation the properties.  Co-ordinated with local lawyers of 17 states in India to conclude the transaction.

LITIGATION & DISPUTE RESOLUTION

  • While representing Society, strategized and filed cases against the dissenting members for cooperation on redevelopment and successfully obtained orders pro redevelopment in the Hon’ble Bombay High Court and Arbitration;
  • Interacting briefing the attorneys and counsels in various litigation matters.Filed various Writ Petition against MCZMA, MCGM, NMMC, CIDCO, along with the Liaisoning team;
  • Conducted presentation and training programmes on stamp duty and registration of various documents. Advised from time to time various clients on stamp duty matters, adjudication of various documents relating to property and otherwise, and attended registration office for high stake matters.
  • Suits for specific performances, successfully obtaining injunctions and orders after thoughtful strategy and execution of such planning;
  • Attending Arbitration, High Court, City Civil, Small Causes Court, Debt Recovery Tribunal (bank matters), Customs Excise & Gold (Control) Appellate Tribunal, Commissioner of Central Excise, Commissioner of Customs.
  • Drafted suits under Order XXXVII of the Code of Civil Procedure, 1908, drafted Summons for Judgments and Written Statements and argued the same. Briefed Counsels, Senior Counsels and assisted them in drafting written statements and other documents.
  • Individually handling 25 Consumer Complaints (including 3 interim Applications) filed by the Flat Purchasers against the Developer in the District Forum in Pune. Argued the matter and also received a favourable order wherein the District Consumer Forum dismissed all the Complaints filed against the Developer.
  • Filing and handling of arbitration and subsequent proceeding in High Court and Supreme Court for Oil & Gas “Pancharatna” company of Government of India.
  • Successfully handled high value arbitration proceedings for Hardcastle Restaurants Private Limited (McDonald’s) and also hand held and successfully settled the dispute between parties.
  • Filing and handling litigations and advisory services for a leading global investment business involved in real estate.
  • Filing and handling various writ petitions against the Government of Maharashtra, UDD, MCGM, on various challenges to the legislatures like Open Space deficiency premiums, development charges, Excavation Royalty, Premiums to be paid to MCGM under various heads, Pest control charges, etc.
  • Filing and arguing Writ Petitions in High Court and handling matters at Supreme Court of India challenging levies of MMRDA charges(value 700Crs+).
  • Regularly advising and appearing in Courts on behalf of corporates, societies and individuals in matters relating to disputes with regards to real estate.
  • Handling heavy arbitration matters between ONGV Vs IOCL, Sumitomo, etc. (dispute value over 1000 crs.)
  • Appeared in Debt Recovery Tribunals, Customs Excise & Service Tax (Control) Appellate Tribunal.
  • Opinion work on legal matters such as Arbitration, Company Matters, Property and IT/ITES related matters.
  • Successfully strategized and filed various case in NCDRC for and on behalf of the Allottee/s in various projects in Mumbai and other Metropolitan Cities.

OTHERS

  • Drafted various agreements relating to entertainment industry. 
  • Drafted documents on behalf of the Producer i.e. agreements between Producer and the Actor, Actress, Director, Lyricist, Playback Singer, Music Director, Sound recorder, writer, director of photography, non lead artists, etc.