REAL ESTATE & LEISURE LEGAL SERVICES – FDI, DEVELOPMENT AGREEMENTS & HOSPITALITY VENTURES

The real estate and hospitality sectors in India are dynamic but highly regulated, requiring careful legal structuring to balance opportunity with compliance. Whether it is investment in residential or commercial projects, development of hotels and resorts, or structuring of leisure and serviced apartment ventures, investors and developers face a range of legal, regulatory, and financial considerations.

Foreign Investment in Indian real estate is subject to evolving rulesunder FEMA and the FDIPolicy, making it essential to structure transactions in a manner that safeguards both compliance and commercial viability. At the domestic level, regulatory frameworks such as the Real Estate (Regulation and Development) Act, 2016 (RERA), municipal laws, and environmental regulations all play a critical role in shaping how projects are implemented.

2. OUR SERVICES

We provide end-to-end legal support across the real estate and leisure sectors, combining property law expertise with commercial, tax, and cross-border structuring capabilities. Our services extend to the following:

2.1 ) FDI in Real Estate & Structuring Foreign investment in Indian real estate is restricted in several respects, particularly in relation to agricultural land and speculative trading. We assist clients in structuring permissible investments, obtaining regulatory clearances, and designing tax-efficient investment models. This includes inbound structuring for hospitality ventures, joint development projects, and mixed-use developments.

2.2 ) Development Agreements & Financing Development projects often require complex joint development agreements, land aggregation strategies, and layered financing. We advise on drafting and negotiating development agreements, acquisition finance, securitisation, and syndicated credit facilities. Our focus remains on ensuring clarity of obligations, risk allocation, and alignment with regulatory frameworks. We have also advised on development agreements in Ahmedabad and other Tier-1 cities where rapid urban expansion drives demand for residential and commercial projects.

2.3 ) Hospitality & Leisure Projects We support hospitality clients in structuring and documenting hotel, resort, serviced apartment, and leisure club ventures. Our services include drafting and negotiating hotel management agreements, franchise and brand licensing arrangements, and structuring long-term lease transactions. We also advise on acquisition finance and bilateral and syndicated credit facilities tailored for the hospitality sector. Ahmedabad’s emergence as a hub for business and leisure travel has created opportunities for hotel and serviced apartment ventures, where we provide end-to-end legal support.

2.4) Residential & Commercial ProjectsWe assist clients in conducting land and title due diligence prior to acquisitions, structuring transactions for purchase and sale of properties, and drafting transaction documents for residential and commercial premises. We also represent clients in disputes under the RERA, including proceedings before state-level authorities. This includes RERA disputes before the Gujarat Real Estate Regulatory Authority (GUJ-RERA) in Ahmedabad, where we appear for both promoters and purchasers.

2.5 ) Cross-Border & Taxation Real estate and hospitality ventures often intersect with international investment structures and tax considerations. We advise on cross-border structuring, repatriation of profits, and application of Double Taxation Avoidance Agreements (DTAAs) to optimise outcomes. Our dual expertise in corporate law and international taxation ensures that projects are not only legally compliant but also commercially efficient.

3. OUR APPROACH

Real estate and hospitality transactions often carry layers of complexity, ranging from title issues and financing hurdles to regulatory clearances and tax implications. Our approach combines legal precision with commercial practicality so that clients can make informed decisions while protecting their long-term interests.

We emphasise:

• Risk Mitigation: Conducting detailed due diligence on land title, encumbrances, and environmental clearances before commitments are made.
• Commercial Structuring: Negotiating development agreements, financing arrangements, and hotel management contracts that balance risk and reward between parties. Hotel management agreements, in particular, require careful drafting to address branding rights, performance benchmarks, revenue-sharing models, and exit mechanisms.
• Cross-Border Perspective: Designing tax-efficient structures and ensuring compliance with FDI restrictions, with clear pathways for repatriation of profits.

Illustrative scenario (not a claim of past work):

• A global hospitality group planning a chain of serviced apartments in Ahmedabad might structure its investment to comply with India’s FDI policy, enter into a joint development arrangement with a local partner, combine equity infusion with secured credit facilities, and adopt a tax-efficient framework aligned with India’s treaty network. Safeguards would typically cover brand licensing, management rights, and future exit options.
• We also represent clients in RERA disputes, particularly where homebuyers and developers face conflicts over delay in possession, defect liability, or refund and compensation claims. Representation extends to proceedings before state-level RERA authorities, including GUJ-RERA in Ahmedabad, ensuring that clients’ rights are effectively protected within the statutory framework.

This integrated approach of balancing property law, regulatory compliance, financing, hospitality sector requirements, and dispute resolution, delivers solutions that are both legally sound and commercially viable.

4. WHY CHOOSE R&D LAW CHAMBERS?

Real estate and hospitality transactions often involve multiple layers of law i.e. property, corporate structuring, financing, taxation, and regulatory approvals. Clients, therefore, require legal support that cuts across these disciplines and anticipates both opportunities and risks.

At R&D Law Chambers, our work in this sector is guided by:

• Integrated Perspective: Matters are addressed with an understanding of how property law interacts with corporate finance, taxation, and regulatory frameworks.
• Sector Breadth: Engagements span FDI in real estate, development agreements, hotel management contracts, residential and commercial projects, and representation in RERA disputes.
• Geographical Coverage: We appear before authorities such as GUJ-RERA in Ahmedabad while also advising on projects with cross-border or pan-India elements.
• Practical Orientation: Advice is focused on due diligence, structuring, and dispute resolution in a manner that balances commercial objectives with compliance requirements.

This balanced approach ensures that transactions and disputes in the real estate and leisure sector are handled with both legal rigour and commercial awareness.

5. RELATED SERVICES (INTERNAL LINKING)

Real estate and hospitality projects rarely exist in isolation and often intersect with other practice areas of lawRelated Practice Areas

Real estate and hospitality transactions often overlap with other areas of law:

• Arbitration & Dispute Resolution– for disputes arising from construction or joint development agreements.
• Banking and Finance– covering acquisition finance, enforcement, and insolvency before NCLT.
• International Taxation– for cross-border structuring and repatriation of profits.
• Employment & HR– addressing workforce contracts and compliance in large projects.
• Special Economic Zones – including structuring of investments and approvals in SEZs such as GIFT City.

7. OFFICE DETAILS

To maintain transparency and consistency across all public listings, the exact details of our office are provided below. These are aligned with the firm’s Google Business Profile (GMB), ensuring accuracy for search visibility and authenticity.

R & D Law Chambers

604 Entice, Bopal-Ambli Road, Ahmedabad, Gujarat – 380058, India

Phone: 09898550411 | +91 9898550411

*This page is intended solely for informational purposes. It should not be construed as professional advice. The descriptions of practice areas and services are general in nature and are provided only to assist readers in understanding the range of corporate law and related legal issues commonly handled by corporate law firms in India.

Nothing on this page is to be taken as a guarantee of outcome or as an invitation to create a lawyer–client relationship. Readers are encouraged to seek independent professional advice based on their specific facts and requirements.

R & D Law Chambers makes every effort to ensure that the information presented is accurate as of the date of publication. However, laws and regulations evolve, and the applicability of legal principles may vary depending on the facts of each case. The firm disclaims any liability arising from reliance placed on the content of this page without obtaining tailored advice.