Real estate deals in India are sometimes fraught with legal difficulties and
bureaucracy. With the introduction of new real estate legislations such as RERA,
it has become critical to adhere to specified protocols in order to address any
concerns that may occur during the process of buying or selling a property.
A real estate lawyer can help individuals navigate these complex processes by
giving crucial insights and guidance. In this post, we will look at the
responsibilities of a real estate lawyer and how to hire their services.
What a Real Estate Lawyer Does
A real estate lawyer is responsible for a variety of important tasks, including:
- Legal Consultation: Providing experienced assistance on a variety of real estate issues.
- Document Drafting: Assisting in the preparation of important papers such as memorandums of understanding, lease agreements, and license agreements.
- Opportunities for Employment: Real estate lawyers can work in legal firms, government departments, or real estate companies, including state RERA departments.
- Property Transactions: Performing responsibilities such as conducting title searches, meticulously inspecting share certificates and ownership paperwork, and managing the registration process for the sale of a property.
- Regulatory Compliance: Ensuring that key regulatory and procedural procedures are followed in accordance with the ever-changing real estate legislation.
- Litigation Representation: Representing clients in district and higher court litigation processes.
When to Appoint a Real Estate Lawyer
A real estate lawyer's primary responsibilities for property buyers include the
Title Check: This ensures that the property seller has legal ownership rights to the property being sold. The lawyer confirms with the necessary authorities that there are no current litigations on the property and that the information mentioned in the title deed is correct.
Property Charges and Court Proceedings: Confirming that the property in question has not been used as collateral for any loans or has been involved in any legal proceedings. Property cannot be transferred until such difficulties are adequately resolved. Thus, before dealing in any real estate matters, it is critical to retain the services of the top real estate lawyer near you.
Approvals and Clearances: Obtaining the essential legislative approvals for property transfer from appropriate authorities before beginning the transaction. This includes clearances from government agencies such as land development and planning authorities.
Document Preparation: The preparation of important legal documents linked to real estate transactions, such as sale agreements and conveyance deeds. A breach of these obligations may result in legal ramifications.
Registration: Facilitating the legal and binding transfer of ownership following the sale by registering the original deeds with the relevant registration agency.
Dispute Resolution: Addressing any problems that may develop during the property selling process while prioritizing the clients' best interests.
How to Appoint a Real Estate Lawyer
There are two main ways to discover a good real estate lawyer:
- Verbal Communication: Seek referrals from reputable friends or acquaintances who
have successfully completed real estate deals with a certain lawyer.
- Internet Research: To discover an excellent real estate lawyer, conduct
extensive online research. However, use prudence and past client reviews to
evaluate the lawyer's ability.
To avoid misconceptions, it is critical to discuss fees with a lawyer before
Finally, while dealing with property transactions in India, the assistance of a
knowledgeable real estate lawyer is essential. Individuals from any background
or discipline can pursue a career as a real estate lawyer, as there are no
special topic qualifications. The minimum prerequisite is a graduate degree
followed by an LLB degree from a recognized university.
Individuals can negotiate the complexity of real estate transactions with
confidence by handing the legal parts to a skilled real estate lawyer, assuring
a seamless and secure procedure.
Written By: Lead India
Ph:-8800788535, Email:[email protected]