s:Real Estate background is must. Experience : 12-15 yearsLitigation
Drafting, vetting of plaints, written submissions, replies, documents for litigations filed by and / or against the Company to ensure that they are in line with the legal requirements.
Vetting / drafting of statement of claim, statement of defence, counter claim and rejoinder in arbitration cases file by and / or against the Company.
Effectively attend all litigations (civil & criminal), arbitration matters, consumer complaints, RERA complaints and matters before various law enforcement agencies such as Police etc & statutory authorities, as and when required.
Appear before various authorities, boards, councils, Quasi-judicial authorities, local municipal and other authorities as and when required
Represent the organization in meetings conducted to brief lawyers/solicitors on ongoing and prospective litigations. Liaise with lawyers to review the progress of the litigations and arbitrations to ensure timely follow up & closure of cases and keep the management updated on the status periodically.
Effectively communicate and update the relevant stakeholders about the latest rulings of various courts as well as Act, Rules, Regulations, Circular, Notification, etc, issued by the authorities/government from time to time, which will have impact on the real estate business.
Drafting of legal notices and replies
Reduce / settle the existing/pending cases with the approval of the management.
Prepare and submit MIS and Periodical Reports
Interaction with other teams and arranging data therefrom which is required for legal team.
Legal Risk Management.
Reasonably fair knowledge of Real Estate Laws, Contracts Act, Transfer of Property Act, Civil Procedure Code, Criminal Procedure Code, Court Procedure.
Understanding of Land Acquisition Process and recovery of advances.
General litigation advisory.
RERA
RERA registration and compliance for all projects of the Company.
Keep the internal stakeholders about the latest changes and developments in the RERA and related laws.
Property Due Diligence
Collaborate with external lawyers to evaluate land records and conduct a thorough due diligence for all deals and transactions. Highlight concern areas and recommend risk mitigation strategies / options
Ensure legal due diligence during land / property acquisition in particular Title investigation & Local legislation
Highlight legal issues involved in structuring of land / property acquisition and relevant development regulations
Contract Management
Develop strategies to manage contracts and litigation effectively so as to minimize exposure of the Company to claims and litigation.
Collaborate with all internal and external stakeholders and review the final agreements from a legal perspective and ensure minimal risks to the organization.
Provide legal support to the internal stakeholders in the sale deed preparations, agreements, registrations etc.
Monitor the drafting of all contracts related documents from a legal perspective and ensure minimal associated risks for the company
Work towards standardization and automation of the processes, templates, drafting of policies, SOPs and authorizations.
Drafting, vetting, negotiating and interpreting various commercial contracts and consultation on contract disputes.
Drafting of term sheets, joint development agreements, agreement to sell, sale deed, lease deeds, confidentiality agreements, vendor contracts, service agreements, tripartite agreement with Banks, bank guarantees and dealing with issues related to the same.
Drafting and negotiation loan documentation, and all related agreement and transaction.
Understanding of Land Acquisition Process including title search, MOU, registration of documents, mutation, review of approvals, change of land use etc.
General corporate advisory.
Land Matters
Liaison with Government authorities like Tehsil and Development Authorities related to land matters of the company like. Filing of applications/objections before Tehsildar for correction of names, mutation in land revenue records.
Filing and representing company before authorities in respect of matters related to illegal / unauthorized advertisements.
Perusing and Due diligence of revenue documents like Jamabandi, Khatoni, Intkal Register and title deeds, family tree etc. before land purchase for the company.