The Real Estate Partnership Agreement serves as a foundational document for parties seeking to collaborate in real estate ventures within India. It is essential when two or more parties wish to pool resources, expertise, and capital for real estate investments, development, or management activities. The agreement must comply with the Indian Partnership Act, 1932, Real Estate (Regulation and Development) Act, 2016, and various state-specific real estate laws. It typically includes detailed provisions for capital contributions, profit sharing, property management, decision-making processes, and exit mechanisms. This document is particularly crucial in India's complex real estate market, where clear partnership terms and compliance with local regulations are essential for successful real estate ventures.
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1. Parties: Details of all partners entering into the agreement, including full legal names, addresses, and registration details if any partners are entities
2. Background: Context of the partnership formation, including the purpose and objectives of the real estate partnership
3. Definitions: Definitions of key terms used throughout the agreement, including property-related and partnership-specific terminology
4. Partnership Structure: Legal structure of the partnership, including type of partnership and registration details
5. Capital Contributions: Details of initial and ongoing capital contributions from each partner, including both monetary and property contributions
6. Profit and Loss Sharing: Formula and mechanisms for sharing profits, losses, and liabilities among partners
7. Management and Control: Management structure, decision-making processes, and voting rights of partners
8. Property Management: Procedures for managing real estate assets, including maintenance, leasing, and development
9. Banking and Finance: Banking arrangements, accounting procedures, and financial management protocols
10. Transfer of Interest: Rules governing the transfer of partnership interests and property holdings
11. Dispute Resolution: Procedures for resolving disputes between partners, including mediation and arbitration provisions
12. Term and Termination: Duration of the partnership and conditions for termination or dissolution
13. Governing Law: Applicable laws and jurisdiction governing the agreement
1. Development Projects: Include when the partnership plans to undertake property development activities, detailing project management and execution procedures
2. Third-Party Investments: Include when the partnership structure allows for external investors or future capital raising
3. Intellectual Property: Include when the partnership owns or develops branded properties or unique property management systems
4. Environmental Compliance: Include for partnerships dealing with large-scale developments or environmentally sensitive properties
5. Employment Matters: Include when the partnership will directly employ staff for property management
6. Insurance: Include detailed insurance requirements when dealing with high-value properties or multiple properties
7. Non-Compete Provisions: Include when partners have other real estate interests that could compete with the partnership
8. Foreign Investment Compliance: Include when any partner is a foreign entity or individual
1. Schedule A - Property Details: Comprehensive list and details of all properties owned or managed by the partnership
2. Schedule B - Capital Contributions: Detailed breakdown of each partner's initial and committed capital contributions
3. Schedule C - Profit Sharing Ratios: Detailed calculations and scenarios for profit and loss distribution
4. Schedule D - Management Procedures: Detailed operational procedures and management protocols
5. Schedule E - Valuation Methodology: Agreed methods for valuing partnership assets and interests
6. Appendix 1 - Partner KYC Documents: Copies of identity and address proofs of all partners
7. Appendix 2 - Property Documents: Copies of property titles, deeds, and relevant permits
8. Appendix 3 - Partnership Registration: Partnership registration certificates and regulatory compliance documents
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Property Management
Real Estate Investment
Commercial Property
Residential Property
Industrial Property
Urban Development
Infrastructure
Relevant Teams
Legal
Real Estate
Property Management
Investment
Operations
Compliance
Business Development
Project Management
Asset Management
Risk Management
Relevant Roles
Real Estate Developer
Property Manager
Investment Director
Legal Counsel
Real Estate Partner
Development Manager
Asset Manager
Construction Manager
Real Estate Consultant
Compliance Officer
Business Development Manager
Project Director
Investment Analyst
Operations Manager
Managing Partner
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