Due to the boom in real estate in India, prices of the properties has been increased significantly. The real estate sector in India has a significant role in the country’s economy. In terms of employment generation and gross domestic product (GDP), the real estate sector is second only to agriculture. The major real estate development has been in Housing sector which is almost 80%. The Real estate role in GDP is expected to rise to 6%.

Due to these kinds of developments, there is increase in legal issues in real estate sector whether it is acquisition, Wills, Trusts, Shared Ownership and Property Dispute.

We provide legal services for real estate issues / disputes in India. Over the years we have mantained network of lawyers / advocates who assist in property related matter all over in India. We understand the needs of people on the intricacies of today’s property industry. Not every person has the same requriements or understanding of the Indian legal process.

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Please feel free to get in touch with our lawyers and advocates for real estate issues / property disputes in India.
Our network of lawyers can provide your legal services in the following areas:

acquisition and sale of property(commercial or residential)
Shared Ownership
Contract
Wills, Trusts and Probate
Property Dispute & Property Litigation
Property Finance
Landlord and Tenant
Property Investment
Property Development
Investment Property Management
Planning
Banking Security and Advisory Work

Residential and commercial real estate disputes can affect virtually every type of person or entity involved in a real estate transaction. Property owners, homeowners, homebuyers, landlords, tenants, real estate developers, contractors, business owners and many others can become embroiled in real estate disputes.

Our attorneys have more than 14 years of experience handling commercial real estate matters. With this significant experience, we can readily and swiftly attend to any real estate dispute on behalf of our clients.

Our firm can aggressively assist you in resolving any legal dispute that arises involving a real estate property. We are here to protect your interests and your bottom line. When real estate is concerned, the bottom line in a real estate dispute can be substantial.

To their detriment, too often clients as well as lawyers skim or skip the first and second stage of proposed transactions. When they do this they enter a forest with no clear path to follow.

When they follow the three stage transaction or contracting process they move from casual dating, to going steady, to getting married. It’s that simple.

There are  for most intellectual property and business law transactions. The first stage is needs assessment. The second, deal points definition. Only after the first and second stage are at least properly considered should anyone go to the third stage – formal contract drafting.

In both business and personal relations, problems and costs are likely to be much higher when the first two stages are ignored. The problems can include aggravation in negotiations and litigation. They can cause loss of reputation and morale, and even bankruptcy and business insolvency.

Parties to a proposed business transaction should do the following in the first and second stages:

Work out what they want to achieve in commercial, technological and other non-legal terms – for example write the functional specification and technical specification
Define with precision the intellectual property they want to have dealings about – this may require the assistance of professional advisers and consultants
Clearly set out the respective rights and obligations of each party; and additionally, any prohibitions or security to be applied or given by the parties or one of them.

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After doing this, our recommendation is that the parties the thoroughness of work done in the first two stages.

If there is still comfort, try an intermediate drafting step,rather than rushing to contract drafting.

This may involve preparing a heads of agreement, memorandum of understanding, letter of intent or other similar document. They can clarify the intention of the parties subject to preparation of a formal detailed contract. They can do this by documenting what is assumed, known, understood or agreed so far. This provides another opportunity to test the work done in the first and second stages.

For the first and second stages it is useful to ask business process questions. Walk through the proposed end to end arrangements, visualize them in graphics, and ask whether the rights, obligations and consequences are clear for each of the parties and other stakeholders. If there are gaps in logic, fill them before going to the formal contract drafting third stage! The penalty for not filling gaps will be greater complexity, higher risk, higher legal costs, stressed parties in negotiations, and less predictable results.

If you need to, use a lawyer in first or second stage definitional work. But do not give instructions to commence drafting of a formal contract until the needs assessment and deal points definition stages are finalized.

For more details contact the Intellectual Property / Patent / Trademark / Copyright Attorneys & Lawyers at

Opportunities Applicable laws/regulatory policies.

Hotel Industry in India is witnessing tremendous boom in recent years and going through an interesting phase. One of the major reasons for the increase in demand for hotel rooms in the country is the boom in the overall Economy and high growth in sectors like information technology, telecom, retail and real estate. Rising stock market and new business opportunities are also attracting hordes of foreign investors and international corporate travelers to look for business opportunities in the country particularly growth in tourism sector. As hotel industry is inextricably linked to the tourism industry and the growth in the Indian tourism industry has fuelled the growth of Indian hotel industry.

Explosive economic growth in India ignites unquenchable demand for hotel rooms. With huge investments flowing into India for the development of infrastructure such as roads, highways, airports and convention centers, interest in hotel developments is hitting new highs as tourism, business and travel are on the rise.

The booming tourism industry has had a cascading effect on the hospitality sector with an increase in the occupancy ratios and average room rates. And with the continuing surge in demand, many global hospitality majors have evinced a keen interest in the Indian hospitality sector. It is estimated that India is likely to have around 40 international hotel brands by 2011.

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The spurt in India’s tourism industry growth has had a ripple effect on its hospitality sector. Rising income levels and spending power combined with the governments open sky policy have provided a major thrust. The industry is growing at a very rapid pace and there is a demand for more rooms both in metros and smaller towns. It is estimated that India is likely to have around 40 international hotel brands by 2011.

India’s booming hospitality industry has transformed into a veritable basket of the choicest of rooms, food and beverage, health and business facilities, travel packages and everything that you can think of. New global entrants are vying with existing local players to provide world-class services at prices suited to every pocket.

An estimated 4.4 million tourists are expected to visit India with an annual average growth rate of 12% in the next few years. The domestic tourist market is also flourishing. The commonwealth games in 2010 will add to the demand for quality accommodation.

The Government of India’s Incredible India destination campaign and the Atithi Devo Bhavah campaign have also helped the growth of domestic and international tourism and consequently the hotel industry.

The opening up of the aviation industry in India has exciting opportunities for hotel industry as it relies on airlines to transport 80% of international arrivals. The government’s decision to substantially upgrade 28 regional airports in smaller towns and privatization & expansion of Delhi and Mumbai airport will improve the business prospects of hotel industry in India. And the upgrading of national highways connecting various parts of India has opened new avenues for the development of budget hotels in India. Taking advantage of this opportunity Tata group and another hotel chain called ‘Homotel’ have entered this business segment.

If you want to read article go to second part of this – Information of hotel industry laws in india – part2.

Opportunities Applicable laws/regulatory policies.

Introduction

Hotel Industry in India is witnessing tremendous boom in recent years and going through an interesting phase. One of the major reasons for the increase in demand for hotel rooms in the country is the boom in the overall Economy and high growth in sectors like information technology, telecom, retail and real estate. Rising stock market and new business opportunities are also attracting hordes of foreign investors and international corporate travelers to look for business opportunities in the country particularly growth in tourism sector. As hotel industry is inextricably linked to the tourism industry and the growth in the Indian tourism industry has fuelled the growth of Indian hotel industry.

Explosive economic growth in India ignites unquenchable demand for hotel rooms. With huge investments flowing into India for the development of infrastructure such as roads, highways, airports and convention centers, interest in hotel developments is hitting new highs as tourism, business and travel are on the rise.

The booming tourism industry has had a cascading effect on the hospitality sector with an increase in the occupancy ratios and average room rates. And with the continuing surge in demand, many global hospitality majors have evinced a keen interest in the Indian hospitality sector. It is estimated that India is likely to have around 40 international hotel brands by 2011.

Opportunities

The spurt in India’s tourism industry growth has had a ripple effect on its hospitality sector. Rising income levels and spending power combined with the governments open sky policy have provided a major thrust. The industry is growing at a very rapid pace and there is a demand for more rooms both in metros and smaller towns. It is estimated that India is likely to have around 40 international hotel brands by 2011.

India’s booming hospitality industry has transformed into a veritable basket of the choicest of rooms, food and beverage, health and business facilities, travel packages and everything that you can think of. New global entrants are vying with existing local players to provide world-class services at prices suited to every pocket.

An estimated 4.4 million tourists are expected to visit India with an annual average growth rate of 12% in the next few years. The domestic tourist market is also flourishing. The commonwealth games in 2010 will add to the demand for quality accommodation.

The Government of India’s Incredible India destination campaign and the Atithi Devo Bhavah campaign have also helped the growth of domestic and international tourism and consequently the hotel industry.

The opening up of the aviation industry in India has exciting opportunities for hotel industry as it relies on airlines to transport 80% of international arrivals. The government’s decision to substantially upgrade 28 regional airports in smaller towns and privatization & expansion of Delhi and Mumbai airport will improve the business prospects of hotel industry in India. And the upgrading of national highways connecting various parts of India has opened new avenues for the development of budget hotels in India. Taking advantage of this opportunity Tata group and another hotel chain called ‘Homotel’ have entered this business segment.

If you want to read article go to second part of this – Information of hotel industry laws in india – part2.

The initial period for such a visa may be up to a period of one year or the period of treatment, whichever is less, which can be extended for a further period up to one year by the State Government/ FRROs on the production of medical certificate/ advice from the reputed/ recognized/ specialized hospitals in the country. Any further extension will be granted by the Ministry of Home Affairs only on the recommendations of the State Government/ FRROs supported by appropriate medical documents. Such visa will be valid for maximum three entries during one year. State Government/ FRROs may permit one additional entry in emergent situation if required.

Foreigners coming on ‘M visa’ will be required to get themselves registered mandatorily well within the period of 14 days of arrival with the concerned FRROs/ FROs Mentioned below are the conditions and procedures to apply for an Indian Medical Visa.

Conditions of Medical Visa Law India.

A medical category visa may be issued with the following conditions:

The Indian Missions/ Posts abroad may scrutinize the medical documents very carefully and satisfy themselves about the bona fide purpose for which medical treatment visa is being requested.

Mission may satisfy that the applicant has sought preliminary medical advice from his country of origin/ country of residence and he has been advised to go for specialized medical treatment. In case the foreign national desires to go for treatment under the Indian system of Medicines, his case may also be considered.

This type of visa should be granted for seeking medical attendance only in reputed/ recognized specialized hospitals/ treatment centers in the country. Although non- exhaustive, following illustrative list of ailments would be of primary consideration; serious ailments like neuro-surgery; ophthalmic disorders; heart related problems; renal disorders; organ transplantations; plastic surgery; joint replacement etc. The basic idea would be that the mission is satisfied about the need of the foreign national to come to India for medical treatment/ health enhancements.

Attendant/ family members of the patient coming to India for medical treatment shall be granted miscellaneous visa co-terminus with the ‘M Visa‘ of the patient. Such visa may be granted the spouse/ children or those who have blood relations with the patient. However, not more than two attendants may be allowed at a time for grant of miscellaneous visa. Such visa will be called ‘MX visa’. Such foreigners are also required to get themselves registered with the local FRROs/ FROs well within 14 days from the date of arrival.

It may be clarified that ‘Medical Visa‘ will be available to all the foreign nationals, including China, Pakistan, Bangladesh, and Sri Lanka. However, Registration formalities for Pakistani and Bangladeshi nationals will be as per the provisions contained in para 106 in respect of Bangladeshi national and para 118 of the visa manual in respect of Pakistani nationals. Similarly, entry and departure of these foreign nationals will also be governed as per the existing policy with respect to these nationals.