Real Estate Investment In India

Mitigating Complex Legal Risks, Seizing New Opportunities

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, June 25, 2008

Course Materials


As India’s population soars past one billion and the demand for residential and commercial space increases, U.S. investors are seeking real estate investment opportunities there. Though India encourages foreign direct investment (FDI) in its real estate, it imposes certain mandates and restrictions.

How can legal counsel best advise companies and clients regarding how to take advantage of the opportunities that India presents while minimizing the legal and business risks?

Listen as our panel of attorneys with India real estate investment experience offer their insights and guidance into the unique cultural, legal, tax and business issues of this emerging and rapidly developing area of opportunity.



  1. Overview: India as an emerging real estate market
  2. Laws governing foreign real estate investment in India
    1. Indian Transfer of Property Act
    2. Indian Registration Act, 1908
    3. Indian Urban Land Ceiling Regulation Act, 1976
    4. FDI Guidelines
    5. Income Tax Act, 1961
    6. Prospects for Real Estate Investment Trusts (REITs)
  3. Regulatory environment in India
  4. Challenges/risks of investing in India
    1. Fragmented land holdings
    2. Prolonged title searches
    3. Ownership and land title issues
    4. Rising interest rates and property prices
    5. Slow development process
  5. Due diligence strategies/best practices for mitigating investment risk
  6. Special economic zones


The panel reviewed these and other key questions: 

  • What are the current trends driving real estate development in India?
  • What are the critical legal, business and tax risks of investing in real estate in India?
  • What are some best practices for mitigating the legal risks of investing in Indian real estate?
  • How are the guidelines governing FDI impacting foreign investors?


Rajkumar Dubey
Rajkumar Dubey
Managing Partner
Dubey & Partners – Advocates

For 15 years, he has provided comprehensive legal services to a number of foreign and local companies in various areas...  |  Read More

Anil Advani
Anil Advani
Of Counsel

He heads the firm's India Practice Group. His practice focuses on the formation, financing and general corporate...  |  Read More

Hitender Mehta
Hitender Mehta
Senior Associate and Head
Vaish Associates, Advocates

He heads the firm's Gurgaon Law Office and practices real estate law. He advises Indian and multinational companies on...  |  Read More

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