Farhana Merchant Malik

Farhana specializes in real estate, commercial, corporate and related legislations.

Farhana has considerable experience in advising clients engaged in the real estate and property sector. The scope of work frequently includes advising on legal and regulatory issues for various types of real estate projects, advising clients in relation to the Real Estate (Regulation and Development) Act, 2016 and the rules framed thereunder from time to time, conducting title diligences over immovable properties, analysing title documents, revenue records and encumbrance certificates. She has been involved in drafting real estate transaction documents including documents such as memorandums of understandings/term sheets, agreements to sell, purchase agreements, transfer agreements, development agreements, joint development agreements, agreements for sale, conveyance deeds, lease deeds, leave and license agreements, co-working agreements, business centre agreements, assignment deeds, conducting agreements, maintenance agreements, tenancy agreements, agreements for temporary/permanent alternate accommodation, warehousing agreements/contracts, re-conveyance, powers of attorney, declarations and undertakings, indemnity deeds and guarantees and construction agreements.

Farhana has been practising law since 1999. She was with AZB & Partners, Mumbai, for about nine years before joining JSA in 2018.

 

Memberships

Bar Council of Maharashtra & Goa

 

Publications

“Legally Speaking” published in The Times of India – Times Property dated February 14, 2020

 

Education

  • B.A., University of Bombay (1995)
  • LL.B., Bachelor of Laws, University of Mumbai (1999)

 

Languages

  • English
  • Hindi
  • Marathi

Some of the key assignments in these areas handled recently by Farhana, amongst others, cover the following:

  • Advising and assisting DELOITTE GROUP in acquiring office premises, (i) from Forum Project Holdings Private Limited, at Technopolis’, Sector V, Salt Lake, Kolkata, DLF Cybercity, drafting, negotiating, and finalizing the agreement to sub lease and service agreements; (ii) from AIGP Developers (Pune) Private Limited, at ‘International Tech Park, Pune- Kharadi’, Pune, Maharashtra, drafting the lease deed and leave and license agreements; and (iii) from Ascendas IT Park (Chennai) Limited, at Crest Building, ‘International Tech Park, Chennai’, CSIR Road, Taramani, Chennai, Tamil Nadu, drafting, negotiating, and finalizing the lease deed and leave and license agreements.
  • Maharashtra:
    • Advising and assisting NTT GLOBAL DATA CENTERS & CLOUD INFRASTRUCTURE INDIA PRIVATE LIMITED (data center and infrastructure provider) in undertaking title due diligence of Ekta Ravi Kapoor and Shobha Ravi Kapoor, in relation to freehold parcels of land located in Mumbai and pointing out the risks in terms thereof.
    • Advising and assisting WOLTERS KLUWER (INDIA) PRIVATE LIMITED in acquiring office premises, from AP Estates LLP, at ‘Marisoft – III’, Wadgaonsheri, Pune, drafting, negotiating, and finalizing the leave and license agreement.
    • Advising and assisting SAHRUDAYA HEALTH CARE PRIVATE LIMITED in relation to operating and maintaining a building as a hospital at CIDCO, Navi Mumbai, by undertaking title due diligence of the lessee Bharati Vidyapeeth, in relation to such immovable property, to ascertain that the same can be used for a hospital and highlighting the risks.
    • Advised and assisted BASELL POLYOLEFINS INDIA PRIVATE LIMITED, in acquiring office premises from Godrej group, in Vikhroli, on lease basis, assisting in drafting, negotiating, and finalizing lease deeds including undertaking title due diligence of such premises.
    • Advised and assisted BUREAU VERITAS INDIA PRIVATE LIMITED, in acquiring office premises from Kehem Land and Properties Private Limited, on lease basis at Marol Industrial Estate (MIDC estate), Mumbai, assisting in drafting, negotiating, and finalizing lease deeds including undertaking title due diligence of such premises.
    • Advised and assisted LOGOS Group, in their construction contracts to establish a warehouse and logistics park in Maharashtra.
    • Advising and assisting a well-known company manufacturing doors and windows, to transfer and assign their leasehold interest in MIDC plots of land at Chakan Industrial Area Phase II, Maharashtra.
    • Advising and assisting a well-known fibre manufacturing company to transfer and assign their leasehold interest in MIDC plots of land at Panvel, District Raigad, Maharashtra
    • Advised and assisted an individual client in relation to acquisition and development of agricultural land in Karjat, Maharashtra, complying with the procedural formalities and documenting the same along with providing advice on various issues relating to land tenures / user / zoning to ensure completion of the critical transaction.
  • Uttar Pradesh (Greater NOIDA)
    • Advising and assisting NTT GLOBAL DATA CENTERS & CLOUD INFRASTRUCTURE INDIA PRIVATE LIMITED (data center and infrastructure provider) in acquiring leasehold interest of Artha Infratech Private Limited (acquired from Greater NOIDA Authority), in large parcels of land admeasuring about 25,000 square meters, located at Greater Noida, Uttar Pradesh, negotiating the transaction documents in relation to acquisition of the leasehold interest and drafting and negotiating construction management agreements in order to record the construction of the data center thereon.
  • Gujarat
    • Advised and assisted PRICEWATERHOUSECOOPERS GROUP by undertaking title due diligence in relation to premises taken on leasehold basis in the GIFT City, Gujarat.
    • Advised and assisted ILP III Pte LIMITED (INDOSPACE GROUP) by undertaking a title due diligence of Vibrance Procon Private Limited, to land located at Village Valevada, Taluka Dasada, District Surendranagar, Gujarat, to establish a logistics and warehouse project thereon.
  • Advised and assisted LAMBERTI INDIA PRIVATE LIMITED, in acquiring premises to establish warehouses in Rajkot.
  • Andhra Pradesh/Telangana
    • Advised and assisted DAZN SOFTWARE PRIVATE LIMITED, in acquiring office premises from Raidurgam Developers Limited, assisting in drafting, negotiating, and finalizing the lease deed.
    • Advised and assisted iCIMS INDIA PRIVATE LIMITED, in acquiring office premises from DLF Assets Limited, at DLF Cybercity, Hyderabad, assisting in drafting, negotiating, and finalizing the lease deed.
  • Odisha
    Advised and assisted STANDARD CHARTERED BANK in order to undertake a title due diligence of the title of Aditya Birla Renewable Energy Limited with respect to land admeasuring 100 acres located at Odisha, in order to establish a solar park thereon and avail financial assistance from Standard Chartered Bank.

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