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What and how Property Lawyers do their job

What’s real estate law all about? What's it that real estate lawyers do and how do they do it? These are the queries that pop up in one’s mind as one gets initiated in the real estate business and the only way one can get answers to these questions is by seeking advice. Oftentimes even after paying a couple of lakhs of rupees as a down payment on a flat, that is under construction the builder or developer does not start construction work on the plea that due to unforeseen circumstances, the construction work had to be withheld. A few months could very well have elapsed and the work may be pending. At this point, the developer/builder may be asked by the homeowner to clarify matters. Once the seemingly lackadaisical attitude of the developer is noticeable heated arguments may ensue followed by threats of a possible lawsuit by the homebuyer. The threat of a lawsuit is a deterrent for the contractor/builder who may retaliate by waiving off suing rights by signing one of the legal documents. Subsequently, the contractor who was unresponsive and had bolted would take the initiative of contacting the homebuyer. The homebuyer may ask the contractor to share copies of all relevant documents. If there is documentary evidence of waiving off suing rights amongst other rights then, in that case, it gets complicated, someone with little or no experience at all in real estate law ought to refer the case to an expert real-estate lawyer after providing initial legal advice.   Real estate laws, rules, and regulations Through networking, the extent of involvement in these matters is transparent. One may realize how real estate laws, rules, and regulations may affect one's daily lives. It can be intriguing knowing what is it that the real estate lawyers exactly do and more importantly how? The answer partially is - there are real estate law courses that qualify them to practice real estate law. Call 7604047601 for consultation with registered expert property lawyers on Vidhikarya.

Posted By

Avik Chakravorty

5 days ago

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India’s arguably generous maternity law benefits m...

In India, working mothers-to-be are far better-of than most of their peers in the developed world, however, the country’s maternity laws are archaic. A year or two ago, the country passed the Maternity (Amendment) Bill aimed at working women and their right to paid maternity leave from 12 weeks to 26 weeks which is the world’s third-highest. There is a no-win situation nonetheless — the law is meant for companies with a headcount of at least ten employees which is just a minuscule proportion of the working women of India.This limitation in maternity benefits is an upshot of the desire of the elite of India to merely mimic policies that are both purposed and executed in the West, without any sort of fine-tuning suiting Indian conditions. The maternity bill is an exemplary bill – phantom legislation that passes laws that don't have and in all probability will not be as effective as required. Progress or that one is doing something is an illusion, and is given, but the reality is something else. There is an ideological dimension to the law which is a part and parcel of what the Indian elite believes is good, just, and prestigious in communities transcending boundaries.Symbol of progressCanada and Norway are the only two countries, with GDPs per capita of 27 and 47 times higher than India’s, respectively, provide protracted maternity leaves in comparison with India. The moot point, however, isn’t the perception of generosity, but how the law is applied.It was estimated that the vast majority of Indian women shun work. While on the one hand the unorganized sector is comprised of over 80% of women working for companies with an employee headcount of less than ten. On the other hand, the organized sector comprises of 16% women workers, who do informal work, where the maternity law is not applicable.A more realistic assumption would be that a meagre 20% of the females work in the organized sector, then the law is potentially applicable to simply 1.3% of the workforce, or not even 1% of all females.Considering these off-the-cuff calculations, the unanswered question is why would India deplete its invaluable resources on ratifying a law that is applicable to a minuscule section of its growing population.Call 7604047601 for consultation with a registered expert maternity lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 week ago

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Consult Top Mergers and Acquisition Lawyers in India

Dwijendra  Mishra

Dwijendra Mishra

Advocate (Legal Counsel)
Exp
Lucknow , Uttar Pradesh

Specialization

  • Mergers and Acquisition
  • Civil
  • Consumer Protection
  • Criminal
  • Property
l am sincere, hardworking and devoted person towards my duties and leave no stone unturned to please my superiors as well as clients both. View Full Profile
PREMA KRISHNA MOORTHY

PREMA KRISHNA MOORTHY

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Mergers and Acquisition
  • Advertising
  • Animal Laws
  • Aviation
  • Debt and Lending Agreement
Ajay Kumar Kamboj

Ajay Kumar Kamboj

Distt court Yamunanagar
Exp
Yamuna Nagar , Haryana

Specialization

  • Mergers and Acquisition
  • Animal Laws
  • Election Campaign and Political Laws
  • Environment and Natural Resources
  • Intellectual Property
Leading eminiting lawyer practicing in Distt court Jagadhari at yamunanagar. contact no. 9467028511 View Full Profile
Kailash Chandra  Satapathy

Kailash Chandra Satapathy

Advocate
Exp
Cuttack , Orissa

Specialization

  • Mergers and Acquisition
  • Sale
  • Trust And Society (NGO)
PARAMANANDA  MOHANTA

PARAMANANDA MOHANTA

Lawyer
Exp
Mayurbhanj , Orissa

Specialization

  • Mergers and Acquisition
  • Advertising
  • Animal Laws
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
Pawan K Pandey

Pawan K Pandey

Practicing
Exp
Mumbai City , Maharashtra

Specialization

  • Mergers and Acquisition
  • Civil
  • Commercial
  • Divorce
  • Criminal
VIvek  Mapara

VIvek Mapara

Lawyer
Exp
Ahmedabad , Gujarat

Specialization

  • Mergers and Acquisition
  • Property
  • Criminal
  • Corporate and Incorporation
  • Advertising
Saurav  Agarwal

Saurav Agarwal

Legal Manager
Exp
Mumbai City , Maharashtra

Specialization

  • Mergers and Acquisition
  • Contracts and Agreements
  • Financial Markets And Services
Corporate lawyer View Full Profile
vivek  pathak

vivek pathak

ADVOCATE
Exp
New Delhi , Delhi

Specialization

  • Mergers and Acquisition
  • Contracts and Agreements
  • Arbitration and Mediation
  • Debt and Lending Agreement
  • Intellectual Property, Copyright, Patent, Trademar
My ability to determine strategy in the context of clients’ business objectives and experience in understanding aims and expectation is a fundamental factor in achieving regular success. View Full Profile
Ranjeet Singh Vijay Singh Gahilot

Ranjeet Singh Vijay Singh Gahilot

Lawyer
Exp
Nagpur , Maharashtra

Specialization

  • Mergers and Acquisition
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
  • Financial Markets and Services
  • Intellectual Property
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  • What is Mergers & Acquisitions Laws?
  • What is a merger?
  • What is an acquisition?
  • What is a takeover?
  • What is the need for Mergers & Acquisitions Laws?
  • How is Mergers & Acquisitions Laws legally recognized in India?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Mergers & Acquisitions Laws related queries and also guide you on how to resolve this matter with ease.

About the Mergers & Acquisitions Laws


The term 'merger' isn't characterized under the Companies Act, 1956 ("CA 1956"), and under Income Tax Act, 1961 ("ITA"). Be that as it may, the Companies Act, 2013 ("CA 2013") without entirely characterizing the term clarifies the idea. A 'merger' is a mix of at least two elements into one; the coveted impact being not only the gathering of advantages and liabilities of the particular elements, however association of such elements into one business. The conceivable goals of mergers are multidimensional - economies of scale, procurement of innovations, access to parts/markets and so forth. By and large, in a merger, the combining elements would stop to be in presence and would converge into a solitary surviving substance. There are several types of mergers, some of them are horizontal mergers take place between competing businesses, vertical mergers which refers to mergers between businesses that belong to different stages of the production process (a shoe company merging with a company manufacturing leather), conglomerate mergers which refers to merger between organisations belonging to unrelated industries.

Regularizing and Legal Recognition of Mergers & Acquisitions Laws

Sections 390 to 394 & Sections 230 to 234 of the Companies Act 1956 look into the regulation of mergers.

Since a merger essentially involves an arrangement between the merging companies and their respective shareholders, each of the companies proposing to merge with the other(s) must make an application to the Company Court5 having jurisdiction over such company for calling meetings of its respective shareholders and/or creditors. The Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (the Takeover Code) restricts and regulates the acquisition of shares, voting rights and control in listed companies. Section 395 of the Companies Act envisages a complete takeover or squeeze-out without resort to court procedures. Section 395 provides that if a scheme or contract involving the transfer of shares or a class of shares in a company (the ‘transferor company’) to another company (the ‘transferee company’) is approved by the holders of at least 9/10ths (in value) of the shares whose transfer is involved, the transferee company may give notice to the dissenting shareholders that it desires to acquire the shares held by them.

Under the Companies Act 2013, if a person or group of persons acquire 90% or more of the shares of a company, then such person(s) have a right to make an offer to buy out the minority shareholders at a price determined by a registered valuer in accordance with prescribed rules.

The Takeover Code is applicable in cases of acquisition. Under the Takeover Code, an acquirer is mandatorily required to make an offer to acquire shares from the other shareholders in order to provide an exit opportunity to them prior to consummating the acquisition, if the acquisition fulfils the conditions as set out in Regulations 3, 4 and 5 of the Takeover Code. Under the Takeover Code, the obligation to make a mandatory open offer by the acquirer is triggered in the certain events.

Acquisition / Takeover


An 'acquisition' or 'takeover' is the buying by an individual, of controlling interest in the share capital, or all or significantly the greater part of the assets as well as liabilities, of the target. A takeover might be friendly or hostile, also, it might be affected through settlements between the offeror and the bulk shareholders, buying of shares from the open market, or by making an offer for acquisition of the target’s shares to the whole group of shareholders.

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