This interview has been published by Anshi Mudgal and The SuperLawyer Team
With your extensive experience across various legal areas, what initially inspired you to pursue a career in law, and what continues to fuel your passion for it? How did you first enter the legal profession, and what led you to specialize in civil litigation, cooperative law, and property-related matters?
Initially, I didn’t come from a legal background. After completing my 11th and 12th grades in the commerce stream, I was inclined toward pursuing a career in commerce, banking, and even considering company secretaryship. At that point, law was never really on my radar. However, as I explored both streams, I realized that my true calling was in the legal profession.
This passion continues to fuel my work today. The opportunity to advocate for clients, to navigate complex legal issues, and to contribute to the fair and equitable resolution of disputes is incredibly rewarding. Every case presents unique challenges and opportunities to learn and grow, constantly pushing me to refine my skills and deepen my understanding of the law.
As I began to practice law, I found myself particularly drawn to civil litigation, cooperative law, and property-related matters. Civil litigation appealed to me because of the intellectual challenge and the direct impact it has on resolving disputes. Cooperative law and property law was another area I gravitated toward because Cooperative law and property law encompasses a wide range of legal issues, from internal governance and member disputes to regulatory compliance and commercial transactions. Advocating for my clients, and helping them achieve the best possible outcomes keeps me motivated every day. Ultimately, it’s the law as a tool to make a real difference in people’s lives that continues to inspire me and drive my career forward.
What were some pivotal experiences early in your career that deepened your understanding of the law, particularly in real estate matters, and how did they shape your professional trajectory?
“Early in my career, I had the privilege of working closely with senior advocates at Bhansali Landmarks. This experience proved pivotal in shaping my understanding of real estate law. I was involved in a diverse range of matters, including land acquisition, property disputes, and construction contracts. I also assisted in drafting and reviewing complex real estate agreements, such as sale deeds, leases, and joint venture agreements.
One particularly challenging case involved a complex land dispute that required extensive research and creative legal solutions. Successfully navigating this challenge instilled in me a strong sense of resilience and a deep appreciation for the importance of client advocacy.
These experiences instilled in me a meticulous approach to detail and a deep understanding of the importance of thorough due diligence in all real estate transactions. This foundational knowledge continues to guide my practice today, enabling me to effectively advise clients on a wide range of property-related matters and navigate the complexities of the real estate market with confidence.”
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How has your current role evolved, especially in the context of property law? Could you elaborate on your responsibilities and experience with drafting agreements, sale deeds, and handling RERA-related matters?
My role has evolved significantly over time, especially in the context of property law. Initially, I started by focusing on general civil litigation, but as I gained more experience, I became increasingly involved in property-related matters. Over the years, I’ve developed a specialized focus on real estate law, including drafting agreements, handling sale deeds, search titled report and dealing with regulatory issues, especially under the Real Estate (Regulation and Development) Act, or RERA.
Whether it’s ensuring that the terms of a sale deed are clear, protecting my client’s rights in lease agreements, or structuring development agreements in a way that avoids potential disputes, attention to detail is paramount. My meticulous attention to detail has resulted in the successful negotiation and drafting of numerous complex real estate agreements, minimizing potential risks and ensuring favorable outcomes for my clients. I strive to provide clear and concise legal advice to my clients, explaining the implications of different legal options and guiding them through the complexities of real estate transactions.
In terms of RERA-related matters, my experience has expanded significantly over time as the Act has become a central piece of real estate regulation. I advise developers and homebuyers on compliance with RERA, whether it’s ensuring that developers are meeting the timelines and quality standards promised to buyers, or ensuring that homebuyers are aware of their rights under the Act. I have represented clients in disputes involving non-compliance with RERA provisions, such as delays in possession or failure to provide agreed-upon amenities.
I find that my expertise in this field has allowed me to make a significant impact, helping clients navigate the complexities of real estate deals and ensuring that their interests are protected.
Can you share your experience dealing with disputes involving cooperative societies? What are the major legal issues cooperative societies are facing today and how do you handle conflicts between builders, or management?
I have handled a wide range of legal issues involving cooperative societies. One of the primary challenges these societies face today is property disputes, especially those related to ownership and the transfer of titles, particularly the Conveyance Deed. Disputes also arise when there is confusion among society members regarding membership rights, which can lead to complex and prolonged legal battles. Another significant issue is the non-payment of maintenance charges, which often leads to financial instability within the society, triggering legal action for recovery.
When addressing conflicts, especially between builders or management, my approach is to start by thoroughly reviewing all relevant agreements, including builder-buyer contracts, society by-laws, and other related documents. This helps establish a clear understanding of the rights and obligations of each party. However, when these methods fail or prove unsuitable for resolving the issue, I proceed with issuing legal notices or filing a case in court, depending on the severity of the dispute.
My primary focus is ensuring that both the cooperative society and builders comply with applicable laws. Ultimately, my goal is to facilitate a fair resolution that upholds the rights of society members and ensures that all actions taken are in compliance with the governing laws.
When drafting RERA Agreements, what common issues do you encounter from both builders and property buyers? How do you navigate these challenges to ensure the agreements are comprehensive and balanced?
For builders, a common issue is setting realistic project timelines. Builders may face unforeseen delays, but buyers are concerned about delayed possession. It’s essential to clearly define timelines, including grace periods for delays, and establish penalties for non-completion within the agreed time. On the other hand, buyers often face confusion regarding the carpet area vs. super built-up area. Builders may calculate area differently, which can lead to overcharging concerns. To avoid this, I ensure the agreement precisely defines terms like “carpet area” and “super built-up area,” providing clarity on what buyers are paying for.
Another significant issue is the payment schedule and interest clauses. Builders typically want to ensure timely payments, but buyers seek a payment structure tied to project milestones, ensuring that they don’t overpay before the work is completed. Balancing these interests is key, and I work to establish a fair schedule that protects both parties.
Warranty and defect liability periods are also contentious. Buyers often expect a reasonable warranty on construction defects, while builders may try to limit their liability. I ensure that warranty clauses comply with RERA’s provisions, which mandate clear terms for defect liability periods, providing sufficient protection for the buyer.
Lastly, disputes over possession and handover timelines are common. Builders may seek flexibility, while buyers want guarantees of timely possession. In these cases, I ensure that the agreement complies with RERA’s possession timeline rules and includes clear consequences for delay.
To navigate these challenges, I ensure that the agreement is drafted with clarity and precision, making sure all terms are well-defined and in compliance with RERA regulations. I also incorporate fair dispute resolution mechanisms, often using mediation or arbitration, to address potential issues efficiently. Ultimately, my goal is to create an agreement that protects both the interests of the builder and the buyer, ensuring a balanced and legally sound contract.
During your time at AM Legal, you were involved in IPR and commercial litigations. How did these experiences expand your legal expertise, and in what ways do they complement your current focus on property and civil law?
During my time at AM Legal, I had the opportunity to work extensively on Intellectual Property Rights (IPR) and commercial litigation, which greatly expanded my legal expertise. In the commercial litigation domain, I handled a variety of cases related to contracts, breach of agreements, and arbitration. These experiences deepened my understanding of corporate governance, risk management, and dispute resolution strategies. Working with clients on these matters enhanced my ability to analyze contracts, negotiate settlements, and adopt a strategic approach to litigation, which directly complements my current focus on property and civil law.
These skills align seamlessly with my work in property law. Both areas require precise contract interpretation, attention to detail, and the ability to navigate complex disputes.
Moreover, my experience in IPR has given me a broader perspective on the value of protecting assets, which is crucial in property law as well—whether it’s protecting land titles, construction permits, or real estate branding. Overall, these diverse experiences at AM Legal have enriched my legal practice, allowing me to offer a more holistic and well rounded approach to my current work in property and civil law.
Of all the cases you’ve handled, which one stands out as particularly interesting? How did you approach preparing for that case, and what made it unique?
One case that stands out as particularly interesting involved a property dispute between a developer and a housing society. The developer initiated construction without obtaining the mandatory consent from the society, violating Section 7 of the Maharashtra
Ownership Flats Act (MOFA). This legal oversight led to a court order granting an injunction against the developer, effectively staying the construction. The case highlighted the importance of adhering to statutory provisions and safeguarding the rights of housing societies in redevelopment matters.
To prepare for the case, I thoroughly reviewed the contracts, sale deeds, and RERA compliance documents, carefully scrutinizing every clause for potential misrepresentations. I also gathered evidence from property registries and consulted with land experts to verify title authenticity. Given the complexity of the case, I examined the developer’s obligations under RERA, focusing on consumer protection laws and builder-buyer agreements.
What made this case unique was the interplay between property law, consumer protection, and real estate regulations. The case required me to navigate a combination of contractual interpretation, regulatory compliance, and consumer rights while also addressing the emotional concerns of buyers who had invested their savings in the property. My approach not only focused on legal arguments but also considered alternative dispute resolution methods to settle the matter more efficiently. Ultimately, the case was resolved in favor of the buyers, with the developer agreeing to compensation and fulfilling the missing contractual obligations. This case stands out because it was a rare instance where multiple legal frameworks—from property law to consumer protection under RERA—intersected, requiring a nuanced and multi dimensional approach to resolve the matter.
Given your experience, how do you see the real estate industry evolving, particularly in light of the ever-changing rules and regulations that govern it?
The real estate industry is undergoing a significant transformation, driven by evolving regulations and technological advancements. We’re seeing a clear trend towards greater transparency and accountability, fueled by regulations like RERA, which empower buyers and demand ethical practices from developers. This push for transparency is further amplified by the digitalization of land records and transaction processes, reducing ambiguity and potential for fraud. Sustainability is no longer a buzzword but a necessity, with stricter green building codes and environmental clearances becoming the norm. The rise of proptech is revolutionizing how we search, buy, and manage properties, while construction technology is introducing innovative building methods.Simultaneously, the industry is grappling with the need to provide affordable housing, prompting government initiatives and innovative financing models. Looking ahead, we can expect a stronger consumer-centric approach, with regulations further empowering homebuyers and promoting fair practices. However, challenges remain, including the need for the industry to adapt quickly to these changes, balancing regulation with growth, and ensuring effective enforcement. Ultimately, the real estate sector’s future hinges on navigating this evolving landscape effectively, embracing technology, and prioritizing sustainable and inclusive development to build trust and foster long-term growth.
What advice would you offer to young lawyers aiming to build a career in property law and civil litigation? Specifically, what skills should they focus on, how can they effectively network, and what steps should they take for career advancement?
For young lawyers aiming to build a career in property law and civil litigation, my advice is to focus on honing key skills such as legal research, contract drafting, and negotiation. A solid understanding of property laws, regulatory frameworks like RERA and MOFA, and the intricacies of civil litigation will be fundamental to success. Building strong client relationships is also crucial, as property law often involves direct interaction with clients, whether they’re buyers, developers, or housing societies. Effective networking is essential—attending industry events, joining professional associations, and connecting with experienced mentors will open doors to opportunities and valuable insights. Gaining practical experience early on, whether through internships, associate positions, or working on diverse cases, will help you understand the complexities of the field. To advance your career, focus on specializing in a niche area of property law or civil litigation, continue learning through seminars or certifications, and embrace technology to stay ahead in an increasingly digital legal landscape. Finally, maintaining a reputation for integrity and competence is key, as trust and reliability are paramount in both property law and litigation.
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