Real Estate
Solaris Legal acts for commercial occupiers in disputes over leases and agreements to lease and over the acquisition of leased land, and advises on the municipal licensing and regulatory requirements that attach to commercial premises. Matters proceed before the commercial courts, the High Courts in their original, appellate and writ jurisdictions, and arbitral tribunals constituted under lease deeds.
The legal framework
Leases are governed by the Transfer of Property Act 1882 and the Registration Act 1908, specific performance by the Specific Relief Act 1963 and lease arbitrations by the Arbitration and Conciliation Act 1996. Suits under agreements relating to immovable property used exclusively in trade or commerce proceed under the Commercial Courts Act 2015. Acquisition proceeds under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 or state legislation, and is challenged before the High Courts under Article 226 of the Constitution. Trade licensing rests on municipal corporation legislation.
Scope
Contentious advisory on leasehold rights under lease deeds and agreements to lease, including agreed extensions, relocation arrangements and the enforceability of the correspondence recording them.
Claims for specific performance of agreements to lease, in suits and arbitration, including interim applications to restrain the creation of third-party rights.
Arbitration under lease deeds over termination, security deposits and damages, including appointment of the arbitrator, interim relief, contempt of interim orders, and challenge to and execution of the award.
Defence of occupiers impleaded in suits between landlords and third parties for recovery of rent, before the commercial courts and on challenge before the High Courts.
Writ petitions before the High Courts challenging the proposed acquisition of leased premises, including defects in the acquisition notice and the lessee's standing to object.
Advice on municipal trade licences for proposed commercial establishments, including the competent municipal authority, the statutory framework and the basis of the licence fee.
Disputes under construction and maintenance agreements for leased commercial premises, and advice on the regulatory compliances that attach to their operation.
Where it applies