Real estate law in Mumbai requires extensive knowledge of statutory regulations, municipal codes, and land tenure history. Mirchandani Advocates & Co. provides title due diligence, transaction structuring, society redevelopment advisory, and regulatory litigation. Adv. Bharat M. Mirchandani represents developers, property owners, housing societies, high-net-worth investors, and allottees across Mumbai and Maharashtra.

Our chambers represents clients in real estate transactions as well as disputes before Civil Courts, Revenue Authorities, MahaRERA, MahaRERA Appellate Tribunal and the High Court of Bombay.

Core Real Estate Practice Areas

1. Title Due Diligence & Search Reports

• Conducting rigorous 30-year title investigations across Sub-Registrar offices, Revenue Departments, and City Survey Offices.

• Issuing formal Title Search Reports and Title Certificates for residential and commercial acquisitions, mortgages, and society redevelopment projects.

• Drafting and publishing Public Notices in daily newspapers; investigating and resolving third-party objections and claims.

2. Conveyancing & Transaction Documentation

• Drafting, vetting, and registering Deeds of Conveyance, Sale Deeds, Development Agreements (DA), and Permanent Alternate Accommodation Agreements (PAAA).

• Structuring Deeds of Apartment, Indentures of Lease, Leave and License Agreements, and Powers of Attorney (General and Special).

• Advisory on stamp duty adjudication, stamp duty payment under the Maharashtra Stamp Act, 1958, and registration formalities.

3. Society Redevelopment & Deemed Conveyance

• Legal consultancy for Co-operative Housing Societies (CHS) undertaking self-redevelopment or developer-led redevelopment: drafting tenders, vetting development agreements, and securing bank guarantees.

• Procedural representation for Unilateral Deemed Conveyance under Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963 before the District Deputy Registrar (Competent Authority).

4. MahaRERA Regulatory Litigation
Representing homebuyers and allottees before the Maharashtra Real Estate Regulatory Authority (MahaRERA) and the MahaRERA Appellate Tribunal:

• Delayed Possession & Interest Claims (Section 18): Enforcing allottee rights to withdraw from delayed projects with full refund and statutory interest, or seeking monthly compensatory interest for project delays.

• Structural Defects & Layout Alterations (Section 14): Actions concerning construction defects, unauthorized project modifications, and failure to provide promised amenities.

• Execution of Recovery Warrants (Section 40): Enforcing MahaRERA recovery orders through the District Collector’s office as arrears of land revenue.

Real Estate Practice Protocol

1. Title Audit: Direct inspection of Index-II registers, Property Register (PR) Cards, CTS extracts, and revenue records.
2. Contract Structuring: Drafting agreements with clear protective covenants regarding builder timelines, escalation costs, and handover conditions.
3. Statutory Notice Stage: Issuing formal legal notices setting forth developer defaults under RERA or MOFA.
4. Tribunal Representation: Dedicated prosecution of complaints through conciliation, regulatory hearings, and execution proceedings.

Frequently Asked Questions (FAQ)

Q. What statutory remedies can a homebuyer claim against a promoter for delayed possession under MahaRERA?

Direct Legal Assessment: Under Section 18 of the Real Estate (Regulation and Development) Act, 2016 (MahaRERA), if a developer fails to complete or hand over possession of an apartment by the date specified in the registered Agreement for Sale, the allottee has two statutory options: (1) withdraw from the project and claim an immediate full refund of all amounts paid along with statutory interest prescribed under the Maharashtra Real Estate Rules, or (2) continue with the project and receive monthly compensatory interest for every month of delay until the promoter executes conveyance and delivers vacant physical possession.

Q. What is the legal procedure for obtaining Unilateral Deemed Conveyance under MOFA in Mumbai?

Direct Legal Assessment: Under Section 11 of the Maharashtra Ownership Flats Act (MOFA), 1963, if a promoter fails to convey legal title of the land and building to a registered Co-operative Housing Society (CHS) within 4 months of formation, the society can apply for Unilateral Deemed Conveyance before the District Deputy Registrar (Competent Authority). Upon filing Form VII with supporting PR Cards, sanctioned architectural plans, and registered agreements, the Competent Authority issues notice to the developer and, after a formal hearing, issues a Deemed Conveyance Certificate, allowing the society to register the deed unilaterally.
 

Disclaimer: This overview is published solely for informational purposes in compliance with Rule 36 of the Bar Council of India Rules. It does not constitute legal advice, solicitation, or advertisement. Accessing this page does not establish an attorney-client relationship.