About

Maximize ROI with Our Legal Services for Real Estate Investors

KHA Advocates offers end-to-end legal support for Real Estate Investors in West Bengal, from property due diligence and compliance to litigation and registration. We ensure risk-free investments across New Town, Salt Lake, Siliguri, Durgapur, and more. Our expert legal team safeguards your financial interest, resolves disputes, drafts solid agreements, and verifies every title and document to empower your real estate journey with confidence and legal clarity.

23 people have availed this service in last month
Investor-Centric Legal Solutions for Maximum Returns

Objectives of Legal Services for Real Estate Investors

Capital Appreciation

Invest in properties with strong growth potential to increase asset value over time and build long-term wealth.

capital-apperance
cash-flow

Rental Income / Cash Flow

Generate steady monthly income from tenants, ensuring positive cash flow and ongoing returns.

inflation

Wealth Preservation & Inflation Hedge

Protect capital by investing in tangible assets that retain value and outperform inflation.

benefitts

Tax Benefits

Optimise returns using legal tax deductions on interest, depreciation, and expenses related to property ownership.

asset

Asset Diversification

Balance risk by adding real estate to an investment portfolio alongside stocks, bonds, and other assets.

global-asset

Global Asset Holding (For NRIs)

Secure income and capital growth through international property investments with cross-border legal compliance.

personal

Personal Use or Legacy Planning

Keep properties for personal enjoyment or transfer them to heirs as part of estate planning.

leverage-investment

Leverage for Other Investments

Use property equity to obtain financing for new ventures without liquidating core assets

security

Legal Security and Tangibility

Enjoy the safety of owning a physical, legally protected asset with enforceable ownership rights.

speculate

Speculation or Short-Term Flip (Advanced Investors)

Purchase undervalued property, enhance value, and sell quickly for higher returns.

Legal Strategies That Drive Real Estate Investment Success

Hidden Risks in Real Estate Investing - Legal Problems You Can't Ignore

Investing in real estate, particularly in evolving markets like New Town, Salt Lake, Alipore, Baharampur, and Siliguri, often comes with several unseen legal and financial hurdles. Many investors face unclear land titles, fraudulent ownership claims, and misrepresented documents, leading to significant financial loss. Inadequate due diligence can result in buying properties entangled in litigation or government acquisition. Delay in registration and mutation, or lack of awareness about land use restrictions and zoning regulations, further complicate investments. Many buyers are unaware of local municipal laws, environmental NOCs, or required sanctions. Often, developers mislead with fake approvals, and investors struggle to claim refunds or take legal action due to poorly drafted agreements. NRI investors, especially, suffer from lack of reliable local legal representation and misuse of Power of Attorney. Moreover, disputes over joint development projects, builder insolvency, and non-compliance with RERA norms frequently lead to prolonged legal battles. Due to weak contracts, investors often lose rental income or face tenant eviction challenges. Without expert legal oversight, even experienced investors fall prey to costly mistakes. KHA Advocates addresses these issues with a sharp legal eye, ensuring every transaction is secure and profitable. Our services go beyond paperwork — we protect your investments with proactive litigation support, meticulous title verification, and comprehensive legal strategies tailored to the West Bengal real estate landscape.

1
Fraudulent Ownership Claims

Many investors are tricked into buying properties where ownership is disputed or misrepresented. Without verifying the title through legal channels, such transactions can result in litigation or cancellation.

2
Properties Under Litigation

Real estate bought without legal due diligence may already be involved in pending court cases. This not only delays possession but may result in complete loss of investment.

3
Illegal Constructions

Several properties in Kolkata and surrounding areas are developed without proper building permits or environmental clearances, putting investors at risk of demolition notices and legal penalties.

4
Land Use Violations

Properties built on agricultural or restricted land without conversion approval can be seized by the authorities, causing major legal and financial complications for investors.

5
Power of Attorney Misuse

Many NRI investors depend on local agents or relatives for property dealings. Unscrupulous use of General Power of Attorney can result in fraudulent sales or unauthorized transactions.

6
Improperly Drafted Sale Agreements

Weak or poorly drafted agreements with builders often fail to safeguard investor rights, making it hard to claim refunds, possession, or damages in case of defaults.

7
RERA Non-Compliance

Investing in under-construction properties not registered under RERA means losing protection under key buyer-friendly laws, risking delivery delays or builder insolvency.

8
Mutation & Registration Delays

Delayed mutation or incomplete registration leads to disputes in ownership records, making it hard to resell or legally transfer the property.

9
Tenant Disputes

Investors who lease out properties often face difficulty in eviction or recovering unpaid rent due to weak rental agreements and tenant-friendly local laws.

10
Developer Bankruptcy

Builder insolvency leaves investors stranded without possession or refund. Legal claims become difficult without proper contract enforcement and timely action.

11
Hidden Tax Liabilities

Properties with unpaid property tax, GST, or stamp duty burdens transfer these liabilities to the new buyer, resulting in unexpected costs and legal notices.

12
Lack of Local Legal Expertise

Especially for NRIs and out-of-state investors, absence of reliable legal support leads to poor decision-making, uninformed purchases, and inability to respond to legal challenges effectively.

Avoid These Problems with Expert Legal Support

How KHA Advocates Protects Real Estate Investors Legally

Title Verification

We perform thorough title verification by conducting detailed searches and certified scrutiny of government records and sub-registrar documents. This ensures your seller holds clear and marketable ownership of the property, protecting you from any hidden ownership disputes before you finalize your purchase. Our expert verification gives you full confidence in your investment.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Need a trustworthy agent? Contact our legal team to appoint a verified real estate advisor today!

Litigation Check

KHA Advocates conducts thorough background checks to uncover any ongoing or past legal disputes related to the property. This proactive approach ensures you avoid unexpected litigation issues, protecting your investment and giving you peace of mind before proceeding with the purchase.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Don't risk your investment—book a legal title check with KHA Advocates now!

Building Plan and Approval Validation

Our expert team carefully verifies all municipal permissions, environmental clearances, and approved layout plans to ensure the property complies with legal regulations. This thorough validation protects you from risks associated with illegal constructions, safeguarding your investment and ensuring the property is legitimate and approved for development.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Draft it right the first time—get your documents legally reviewed by our experts!

Land Use Compliance

We assist in identifying the land classification and verify that the necessary land-use conversions have been properly obtained. Whether for residential or commercial development, our thorough checks ensure your property complies with zoning laws and regulations, preventing legal complications and securing your investment’s legitimacy.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Start with a legally-backed land survey—contact KHA Advocates to appoint a verified planner today!

GPA Authentication & Legal Drafting

We expertly draft and thoroughly vet Power of Attorney documents to safeguard against misuse, with special attention for NRIs who manage property transactions through local representatives. Our careful legal drafting ensures clear authority limits and protects your interests, providing secure and trustworthy representation throughout the process.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Secure your ownership—book your registration with KHA Advocates now!

Agreement Drafting & Vetting

Our experienced team prepares robust sale agreements featuring builder penalties, fixed timelines, refund clauses, and strict RERA compliance. These legally sound contracts protect your interests, ensure project accountability, and safeguard your investment throughout the property transaction process.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Need help with property mutation? Let our legal team handle it professionally for you!

RERA Consultation

We ensure your property investment fully complies with RERA norms by verifying builder registration, project approvals, and mandatory disclosures. Our team also guides you on available legal remedies under RERA, protecting your rights and helping you make informed, secure decisions in real estate transactions.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Maximize your savings—consult our legal tax advisors today!

Registration & Mutation Assistance

We manage the entire process of property registration and mutation, from document preparation to submission and follow-up, ensuring seamless execution. Our team stays involved until your ownership is officially recorded in municipal records, giving you legal clarity and peace of mind with a hassle-free experience.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Planning a home loan? Get our legal team to protect your interests from Day One!

Tenant Legal Support

We draft legally sound rental agreements, handle eviction proceedings, and provide expert advice on tenancy laws to protect your rights as a landlord. Our services ensure your rental income is secure, disputes are minimized, and you remain fully compliant with legal requirements throughout the tenancy period.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Don't stop at registration—let our legal team wrap up the remaining formalities for you!

Builder Insolvency Remedies

We represent property investors before RERA authorities, NCLT, and consumer forums in cases of builder defaults, delays, or bankruptcy. Our legal team ensures your rights are protected, seeks compensation or project completion, and pursues effective remedies to safeguard your investment and hold defaulting builders accountable.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Don't stop at registration—let our legal team wrap up the remaining formalities for you!

Tax & Compliance Check

We conduct thorough checks on past property tax dues, stamp duty payments, and GST liabilities to ensure financial transparency. Our team also helps structure your transaction efficiently, minimizing risks and avoiding hidden costs, so you can proceed with confidence and clarity in your property investment.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Don't stop at registration—let our legal team wrap up the remaining formalities for you!

Dedicated NRI Legal Desk

Our multilingual legal team provides personalized support to NRIs through secure video consultations, efficient document handling, and legal representation across West Bengal. We bridge the distance by managing your legal matters locally, ensuring seamless communication, timely updates, and reliable execution of property and legal services from abroad.

Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here
Title Goes Here

Don't stop at registration—let our legal team wrap up the remaining formalities for you!

Unlock Legal Confidence

Why Real Estate Investors Trust Us as Their Legal Partner

Navigate the complexities of property title searching with ease through our comprehensive step-by-step guide. From consultation to search report, streamline your property transactions efficiently.

solutions

One-Stop Legal Solution

Whether you're buying, selling, leasing, or developing — our legal team covers all real estate aspects.

cost

Cost-Efficient Services

Our competitive pricing and bundled services save you legal costs while maintaining top-tier service

investor-aproach

Investor-Centric Approach

We tailor our legal solutions to suit the ROI goals and risk profile of each investor

legal-update

Real-Time Legal Updates

Clients are kept informed about legal updates, project litigation, and regulatory changes through regular bulletins

strategic

Strategic Legal Planning

We help plan your legal strategy for multi-property investments, ensuring asset protection and maximum compliance

dispute

Dispute Prevention First

We prioritize preventive legal care through smart agreements and compliance review rather than reactive litigation

presence

On-Ground Presence Across Bengal

Our advocates operate locally in Siliguri, Durgapur, Hooghly, and Kolkata for regional property support

fast-document

Fast Document Turnaround

From deed drafting to mutation filing, our turnaround time is among the fastest in the sector

Switching to KHA Advocates
Why Smart Real Estate Investors Are Switching to KHA Advocates
comunication
Transparent Communication

Clients trust our proactive, honest legal advice with no hidden fees or fine print, creating long-term partnerships.

real-estate
West Bengal Real Estate Expertise

We understand local regulations, municipal processes, and land categories across Salt Lake, New Town, and other key markets.

investor-team
Dedicated Investor Support Team

We offer priority legal handling for real estate investors, with fast turnaround and senior-level attention.

risk
Risk Mitigation Approach

We focus on legal risk elimination at every transaction stage, not just paperwork or documentation.

success
High Success Rate in Builder Disputes

Our litigation team has consistently recovered refunds and compensation in delayed possession and fraud builder cases.

operation
NRI-Friendly Operations

Secure online consultations, email-based document review, and remote representation make us the top choice for global clients.

multy-languages
Multi-Language Legal Support

We provide services in English, Bengali, and Hindi to serve clients from different regions and investor backgrounds.

legal-service
Full-Stack Real Estate Legal Service

From property search to litigation, registration, and compliance — all services are available under one roof.

legal-service
Expert Title Verification

Our meticulous title checks safeguard your investment by detecting disputes or fraud before finalizing deals.

Achieved Milestone

223

Total Property Registered

331

Total Property Verified

223

Total Deed Prepared

115

Total Property Mutation

98%

Successful Verdict in Court

Experience. Expertise. Results

Why Choose KHA ADVOCATES?

Top-Rated Property Lawyers in West Bengal

We are a trusted legal partner for hundreds of real estate clients, known for integrity and reliability.

Supreme Court & High Court Experience

Our litigators handle property matters at all levels, ensuring no legal challenge is beyond our reach.

Expertise Across Property Types

We handle residential, commercial, agricultural, leasehold, and industrial property cases with equal expertise.

Client Confidentiality & Ethics

We uphold strict confidentiality and ethical standards in all investor dealings.

Regular Reporting & Client Updates

Our clients receive regular progress updates, ensuring complete transparency in service delivery.

RERA & Regulatory Experts

We've helped numerous investors recover dues and enforce rights under the latest real estate laws.

Contract Mastery

We draft powerful real estate contracts that anticipate issues and prevent legal loopholes.

100% Legal Clarity Before You Invest

Every deal is preceded by deep legal scrutiny to ensure peace of mind and long-term ROI.

time-boundation
time-boundation
time-boundation
time-boundation
time-boundation
time-boundation
time-boundation
time-boundation

FAQ

Frequently Asked Questions
What is legal due diligence in real estate?

Legal due diligence is a process where lawyers verify property ownership, title history, encumbrances, land use, and compliance to ensure risk-free investment.

Why is title verification necessary before buying property?

It confirms the seller’s legal ownership and checks for legal disputes, loans, or claims on the property.

How is a property’s title verified in India?

Lawyers examine sale deeds, land records, encumbrance certificates, mutation entries, and court records.

What is an encumbrance certificate (EC)?

An EC shows whether a property has any legal dues like mortgages, court attachments, or claims.

Is mutation proof of ownership?

No. Mutation only updates revenue records; ownership is proven by registered title documents.

What is the difference between freehold and leasehold property?

Freehold grants complete ownership, while leasehold offers rights for a specified period from a government authority.

Can property papers be forged?

Yes, fake documents like sale deeds or POAs are common in frauds. Always opt for legal verification.

What documents are checked during property due diligence?

Mother deed, sale deed, EC, mutation, tax receipts, development approvals, and RERA registration (if applicable).

What is a search report in real estate?

It is a legal document prepared by an advocate confirming the title status and ownership history of the property.

What is property litigation search?

A search for pending civil, criminal, or revenue disputes affecting the property in court or land records.

Can I verify a property from abroad?

Yes, via legal power of attorney to your lawyer and using scanned copies of documents for preliminary scrutiny.

Is digital land record checking enough?

No. Online records must be backed by certified document scrutiny and on-ground checks.

How much stamp duty is payable in West Bengal?

It ranges from 4% to 7%, depending on location, buyer’s gender, and property value.

Who pays registration charges in property deals?

The buyer typically bears registration charges, usually 1% of the market value.

What is a sale deed?

A sale deed is a legally binding document that transfers ownership from seller to buyer.

Is registration mandatory for all property purchases?

Yes. Without registration, the buyer has no legal title to the property.

What is an agreement for sale?

It’s a pre-sale contract specifying conditions of sale; it doesn’t transfer ownership.

Can NRIs register property without visiting India?

Yes, using a properly notarised and apostilled Power of Attorney.

What is e-Registration in West Bengal?

It allows online submission and scheduling of property registration under the state portal.

Can I use cash for property registration?

No. Payments over ₹20,000 must be made digitally or via cheque to avoid legal issues.

What happens if I delay registration?

You may face penalties, legal risks, and loss of possession claims.

Can stamp duty be refunded?

Yes, partially in cases of cancellation, with proper documentation within stipulated time.

What is RERA and why is it important?

RERA (Real Estate Regulation Act) mandates project registration and protects buyers from delays and frauds.

How to check if a project is RERA registered?

Visit the state RERA website (e.g., www.rera.wb.gov.in for West Bengal) and search using builder/project name.

Can I cancel a flat booking under RERA?

Yes. You’re entitled to a refund with interest if the builder delays possession or violates terms.

What if the builder changes layout or carpet area?

You can file a complaint under RERA or consumer forum. Such changes without consent are illegal.

Is GST applicable on under-construction flats?

Yes. GST at 5% (without ITC) applies to under-construction property.

What is the penalty for builder project delay?

RERA allows you to claim interest on the amount paid for each month of delay.

Should I sign a builder-buyer agreement without a lawyer?

No. Get it legally reviewed to avoid hidden clauses, extra charges, or unfair conditions.

What is an allotment letter?

It confirms the booking of a unit in a project; useful for loan processing and initial agreements.

Can a builder sell parking space separately?

No. Supreme Court has ruled parking spaces are part of common areas and cannot be sold separately.

What are the key clauses in builder-buyer agreements?

Possession date, penalties, payment schedule, cancellation clause, construction delays, and dispute resolution.

Can I modify a builder agreement?

Yes, with mutual consent. Get legal help to draft an addendum or supplementary agreement.

What if the project is abandoned?

You can file a RERA or civil suit for refund and damages.

What is the best type of real estate investment for NRIs in India?

NRIs often prefer residential flats in metro cities like Kolkata or commercial properties in IT hubs due to high rental yields and long-term appreciation.

Can I invest in property in India without visiting the country?

Yes, NRIs can invest remotely using a Special Power of Attorney (PoA) and our legal support for title verification, purchase documentation, and registration.

What documents should I verify before investing in a property?

Always check title deeds, mutation records, sanctioned plans, completion certificate, tax receipts, and RERA registration.

Is it better to invest in under-construction or ready-to-move properties?

Ready-to-move properties offer certainty and no GST, while under-construction flats may give early-bird pricing but carry delay and legal risks.

How much stamp duty and registration cost apply in West Bengal?

In West Bengal, stamp duty varies from 5-7%, and registration fee is 1%, depending on location and property value.

Can an NRI buy agricultural land in India?

No, under FEMA, NRIs cannot legally purchase agricultural land, plantation property, or farmhouses.

Do I need a lawyer to invest in Indian property?

Yes, legal due diligence ensures the property is litigation-free, builder claims are verified, and all taxes and ownership documents are in order.

What is due diligence in property investment?

It is a legal process to verify ownership, encumbrances, legal approvals, and compliance with state and municipal laws before purchase.

How long does the property buying process take in West Bengal?

It generally takes 2–4 weeks if all documents are clear. Delays can occur due to legal disputes, title errors, or loan approvals.

Are there hidden charges while buying property?

Yes. These may include GST (for under-construction), maintenance deposits, parking fees, society charges, legal fees, and registration extras.

What is a title search report?

A title search checks the legal history of a property for the last 30 years to confirm clear and marketable ownership.

Who issues the title search report?

Our expert lawyers and property verification team issue a certified legal opinion based on registry records and municipal archives.

Can I trust builder documents without legal verification?

No. Builders may not disclose encumbrances or incomplete approvals. Always cross-verify claims with legal professionals.

What if the property has an undivided or inherited title?

Investing in such properties is risky unless all legal heirs have given consent. We help obtain a proper partition deed or release deed.

How do I check for land conversion issues?

We examine land records and conversion certificates to ensure that agricultural land is legally converted for residential or commercial use.

How do I ensure no encumbrance exists?

Our team pulls EC (Encumbrance Certificate) from the registry office to confirm no pending mortgage, litigation, or lien exists.

Is RERA registration enough to trust a builder?

RERA improves transparency, but legal due diligence is still essential to confirm actual project status and past builder conduct.

Can I verify if a property is mortgaged or pledged?

Yes. Through CERSAI, bank records, and title verification, we confirm if the property is free of loans or hypothecation.

Can someone forge property documents?

Yes. Forged deeds, fake power of attorney, and impersonation frauds are common. Verification by a law firm prevents such risks.

What is mutation, and why is it important?

Mutation updates the land revenue records in your name. It’s crucial for tax payment and future resale or loan applications.

Why should NRIs consider investing in real estate in West Bengal?

NRIs can benefit from high ROI, increasing urbanization, and affordable property prices in areas like New Town, Salt Lake, and Siliguri. West Bengal’s improving infrastructure and rental demand make it a lucrative destination for long-term investment.

What legal due diligence is required before investing in a property in Kolkata?

A legal due diligence check includes verifying the title deed, encumbrance certificate, mutation records, and building plan approvals. KHA Advocates offers end-to-end verification and reporting to ensure a risk-free purchase.

Is it safer to invest in ready-to-move properties or under-construction flats?

Ready-to-move properties minimize risks like project delays and hidden charges. Under-construction flats may offer lower prices but carry regulatory and delivery risks. Always review RERA registration and builder reputation before investing.

What documents must be verified before purchasing a resale property?

Key documents include the sale deed, tax receipts, possession certificate, mutation records, and NOC from the society. Our legal team scrutinizes all documents to confirm clean title and compliance.

What are the tax implications for real estate investors in India?

Investors must pay stamp duty, registration fees, and capital gains tax. NRIs must also consider TDS provisions under Section 195. Our legal and tax experts can guide you through compliant tax planning.

Can NRIs take home loans to invest in Indian property?

Yes, NRIs can apply for home loans in India through NRE/NRO accounts. Banks may fund up to 80–85% of the property’s value, subject to income and eligibility.

Is registration of a Power of Attorney mandatory for property purchases?

Yes, under the Registration Act, 1908, Power of Attorney used for property transactions must be registered. We help NRIs draft and register compliant POAs.

What are the risks of buying property jointly with a relative?

Joint ownership can lead to future disputes over share, inheritance, and liability. A proper legal agreement and share declaration is crucial for safeguarding your interests.

How can investors avoid litigation over property boundaries and encroachments?

Hire a surveyor to physically demarcate land boundaries and match it with land records. Our legal team also verifies municipal approvals and land maps.

Are there any government subsidies or schemes for real estate investors?

Government schemes like PMAY may not be applicable for high-value investors. However, investors can benefit from depreciation benefits, rental yield, and capital gains exemptions.

Why is title verification essential before buying real estate?

Title verification ensures that the seller legally owns the property and has the right to sell. Our title reports cover ownership history, encumbrances, court cases, and mutation status.

What is an encumbrance certificate and why is it needed?

An encumbrance certificate shows if the property has legal dues like loans or disputes. It’s a must-have document for verifying the financial and legal cleanliness of the asset.

Can a property be registered without a proper sale agreement?

No. A legally binding sale agreement outlining terms, payments, and clauses is required before registration. We draft bulletproof agreements to protect investor interests.

What are the consequences of buying property with an unregistered power of attorney?

Transactions through unregistered POAs are legally void and can be challenged in court. Always register the POA and consult a lawyer for compliance.

How to verify land use before buying property in New Town or Salt Lake?

Land use must align with the municipal master plan. We obtain and verify land classification from the local development authority (e.g., HIDCO or Bidhannagar Municipality).

What is a property mutation certificate and why is it important?

Mutation is the process of updating ownership in municipal records. It’s essential for proving ownership for taxation and resale. We assist with mutation applications post-purchase.

What if the previous owner hasn’t paid municipal taxes or electricity bills?

Such dues may become your liability after purchase. We verify all dues and ensure indemnity clauses are added to your sale agreement to avoid post-sale surprises.

What is a legal notice for property possession?

A legal notice is sent when possession is delayed or denied. Our firm drafts and sends strong legal notices and can initiate RERA or civil proceedings if required.

How to protect your investment from fraudulent builders or brokers?

Avoid oral promises and always demand written commitments. We conduct background checks, RERA compliance audits, and create enforceable MOUs with clear exit clauses.

What is the cost of a complete title verification and legal due diligence report?

Our packages start at ₹4,999 for a basic document check and go up to ₹19,999 for complete on-ground verification, litigation check, and legal summary with recommendations.

What is RERA and how does it protect real estate investors?

RERA (Real Estate Regulatory Authority) mandates project registration, builder accountability, and timely delivery. It allows investors to file complaints against delayed possession or fraud. We assist clients in filing RERA complaints and follow-up proceedings.

Can I get compensation if a builder delays possession beyond promised timelines?

Yes, under RERA, builders must pay compensation with interest for delays. Our firm drafts notices and pursues RERA and consumer court remedies for delayed handover.

How do I check if a property or builder is RERA registered?

You can visit your state RERA portal (e.g., WBHIRA) to verify project and promoter registration. Our legal team performs full RERA checks and compliance audits.

What are red flags in a builder-buyer agreement?

Unilateral clauses favoring the builder, undefined possession dates, vague penalty terms, or hidden escalation clauses. We review and amend such agreements to ensure fairness.

Can investors exit a delayed project and claim a refund legally?

Yes. Under RERA and consumer law, if delay is unjustified, investors can seek refund with interest. We assist in initiating legal termination and refund proceedings.

How do I file a complaint under RERA West Bengal (WBHIRA)?

The complaint can be filed online or at the WBHIRA office. Our law firm handles document collection, filing, representation, and hearing procedures for RERA disputes.

What happens if a builder changes the layout or plan after booking?

Without buyer consent, such changes are illegal. We help file complaints, obtain stay orders, or demand compensation for unauthorised plan alterations.

What is a builder’s obligation regarding amenities and specifications?

All promised amenities and specifications must match RERA disclosures and brochures. If not provided, buyers can sue for deficiency in service and claim damages.

Can builders demand extra money at the time of possession?

No. Any demand not part of the original agreement or addendum is illegal. We issue legal notices and challenge unlawful charges imposed during possession.

Is it mandatory for a builder to obtain an Occupancy Certificate before handover?

Yes. Handover without an Occupancy Certificate (OC) is illegal and risky. We ensure OC, Completion Certificate, and all statutory NOCs are in place before possession.

What taxes are applicable while purchasing property in West Bengal?

Buyers must pay stamp duty (5–7%), registration charges (1%), and TDS (if applicable). We provide advance estimates and support in tax-efficient structuring.

How can NRIs avoid double taxation on property income in India?

NRIs can claim DTAA (Double Taxation Avoidance Agreement) relief by filing Form 10F and declaring tax residency. Our tax experts guide you on filings and documentation.

What is the TDS rate applicable on property sale by NRIs?

Buyers must deduct TDS at 20% + surcharge if the seller is an NRI. Our legal support includes Form 15CA/CB assistance, TDS compliance, and refund claims.

How is capital gains tax calculated on resale of investment property?

Long-term capital gains (after 24 months) are taxed at 20% with indexation. Short-term gains are added to income. We structure sales to minimize tax liability.

Are municipal taxes the responsibility of buyer or seller at the time of sale?

Outstanding municipal taxes till the date of sale are the seller’s responsibility unless agreed otherwise. We draft clauses to protect buyers from post-sale liabilities.

What is the penalty for late payment of stamp duty or registration fees?

Late payment attracts interest and penalties under the Indian Stamp Act. Our legal desk ensures all dues are paid timely to avoid penal consequences.

Can GST be charged on residential property purchases?

GST is applicable only on under-construction properties (typically 5%). Ready-to-move flats are GST-exempt. We help verify builder invoices and GST compliance.

Is registration of sale deed possible without paying property tax?

Municipal authorities may block registration if taxes are unpaid. We conduct municipal due diligence and clearances before advising clients to proceed.

Can investors claim tax benefits on loan interest or principal repayment?

Yes, under Sections 80C and 24(b) of the Income Tax Act. Our advisors help you claim deductions and file accurate ITRs for rental or capital gain properties.

Is it safe to invest in agricultural land in West Bengal?

Only certain categories of buyers (e.g., agriculturists) can purchase agricultural land. Zoning and land conversion issues make it complex—consult us for legality and risk mitigation.

Can real estate be jointly owned in India?
What happens to jointly owned property if one co-owner dies?

The deceased’s share passes to their legal heirs unless a Will specifies otherwise. Joint ownership with survivorship clause (joint tenancy) ensures automatic transfer to the surviving co-owner.

Can NRIs jointly own property with resident Indians?

Yes, NRIs can legally co-own property with resident family members. Ensure compliance with FEMA regulations and properly executed Power of Attorney (POA) if managing from abroad.

How important is a Will for property succession?

A legally registered Will simplifies inheritance, prevents disputes, and ensures the investor’s intent is honored. Without a Will, succession laws based on religion apply.

What happens if a property owner dies without a Will?

The property is distributed according to Indian succession laws—Hindu Succession Act, Muslim Law, or Indian Succession Act—depending on the religion and family structure of the deceased.

How to legally transfer inherited property in West Bengal?

Apply for legal heir certificate, mutation in local municipal records, and complete property tax transfer. Legal assistance is advisable to avoid delays and disputes.

Can inherited property be sold without legal clearance?

No. The successor must get the title legally transferred through mutation and produce succession proof (Will or heir certificate) to establish ownership before selling.

What are the key clauses in a rental/lease agreement for investors?

Essential clauses include rent amount, security deposit, lease term, notice period, lock-in clause, property maintenance, and termination conditions. A registered agreement prevents disputes.

Is it mandatory to register a lease or rent agreement?

Yes, lease agreements exceeding 11 months must be registered under the Registration Act. In West Bengal, this is strongly recommended for enforceability in case of disputes.

What rights does a landlord have under Indian tenancy laws?

Landlords can demand timely rent, retain security deposit, and reclaim property as per lease terms. Eviction must follow due legal process unless mutually agreed.

Can an NRI investor lease property remotely?

Yes. NRIs can lease properties via a legally executed Power of Attorney (POA). It must be notarized and attested at the Indian Embassy if issued abroad.

How can legal services help in property management?

Legal services ensure lease drafting, tenant background checks, rent collection, eviction process, and dispute resolution—all while keeping the property litigation-free.

What are common property disputes faced by investors?

Disputes may include title fraud, co-owner disagreements, tenant eviction issues, delayed possession, encroachments, or inheritance conflicts. Each requires tailored legal handling.

What is the legal remedy if the builder delays possession?

You can file a case before RERA, consumer forum, or civil court. Compensation, interest, or refund may be awarded. RERA is the fastest remedy for delivery delays.

How long does a property dispute case take in court?

Timelines vary. Fast-track consumer courts or RERA often resolve within 6–18 months. Civil property suits may take longer without effective legal strategy and documentation.

Can real estate disputes be settled through arbitration or mediation?

Yes. Many contracts include arbitration clauses, enabling quicker, confidential out-of-court settlements. Mediation is a cost-effective alternative, especially in landlord-tenant or family property issues.

How can your law firm help resolve property disputes?

KHA Advocates specializes in property litigation, RERA matters, and NRI legal representation. We provide quick assessment, document recovery, court filing, and strategic legal action.

Book A Consulation

Searching For A Professional Law Firm For Real Estate Investor?

Book Consultation Now