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Contracts, Agreements & Breach
A high-value contract drafted in 48 hours, a JV agreement vetted before signing, a breach of contract litigated to specific performance, the civil-commercial layer that HNI individuals and family offices live in every week, but most law firms treat as transactional afterthought. LawCrust runs contracts and contract disputes as a premium individual-counsel practice.
Background
What contracts, agreements and breach litigation covers
The Indian Contract Act 1872 governs all commercial agreements. The Specific Relief Act 1963 (significantly amended 2018) provides the litigation framework for breach, specific performance is now the default remedy in contracts where damages are inadequate. Work spans drafting (sale agreements, JV agreements, employment contracts, ESOPs, NDAs, MOUs, settlement deeds, family settlements), vetting (review of counterparty drafts), and dispute resolution (breach notices, suits for specific performance, suits for damages, injunctions, arbitration).
What We Handle
Scope of Work
- ▸ Sale agreements (real estate, equity, business sale) drafting and registration
- ▸ Joint venture agreements, partnership deeds, and LLP agreements
- ▸ Employment contracts, ESOP grants, non-compete and non-solicit clauses
- ▸ NDAs, MOUs, term sheets, and settlement deeds
- ▸ Power of Attorney drafting and consular attestation
- ▸ Vetting of counterparty drafts with markup and risk memo
- ▸ Breach notices and statutory demand letters
- ▸ Suits for specific performance under Section 14 to 21 of the Specific Relief Act
- ▸ Damages and injunction litigation, both at trial and appellate stages
Who It's For
HNI individuals, family offices, senior executives, NRIs entering Indian transactions, and individuals contracting with builders, business partners, or service providers.
How It Works
A Four-Step Path to Clarity
- 01Scope call
A 30-to-45-minute call to capture the deal, the counterparty, the commercial intent, and the timeline.
- 02Draft / breach memo
For drafting matters: first-cut draft within 5 working days. For breach matters: a defence/claim memo within 5 working days with strategy and indicative fees.
- 03Negotiation or filing
For drafting: markup cycles, counterparty negotiation, registration. For breach: notice, then suit or arbitration filing as appropriate.
- 04Execution & enforcement
Deeds executed and registered; or judgments enforced via execution petitions across Indian jurisdictions.
Representative Matters
Work We Have Handled in Contracts, Agreements & Breach
Anonymised practice descriptions. Client identities, matter values, and venues are withheld for confidentiality, per BCI guidelines.
- 01
Drafted and registered a ₹40 crore real-estate sale agreement for an NRI seller, with end-to-end FEMA-compliant remittance via NRO account.
- 02
Litigated a specific-performance suit for an HNI buyer where the seller defaulted post-token; decree obtained within 14 months at the trial court.
- 03
Negotiated an exit settlement for a co-founder in a Mumbai-based startup; settlement deed executed without litigation, ESOPs vested as per agreed schedule.
Cross-Border Matters, India Jurisdiction
Cross-border contracts are anchored in Indian jurisdiction whenever performance, registration, or stamp duty is India-side. LawCrust drafts, vets, registers, and litigates within Indian forums. Where the contract has a foreign-law clause or foreign-jurisdiction seat, we coordinate that limb with our partner firms in your country.
In Their Words
What Clients Say About Contracts, Agreements & Breach
"Drafted my JV agreement in 8 working days flat. Caught two clauses my Singapore counsel had missed, namely Indian stamp-duty and FEMA-reporting needs. Premium drafting, no surprises."
"Specific-performance suit for a property in Pune where the seller backed out after the token. Decree in 13 months. They were honest about the timeline and accurate to the day."
"Vendor took a ₹35 lakh advance and stopped responding. Their notice + Section 138 NI Act case triggered a settlement in 6 weeks. Full recovery without trial. Sharp work."
Reviews shown are anonymised at the client's request, identifiers, matter values, and outcomes are withheld for confidentiality per BCI guidelines and our privilege obligations.
Common Questions
Contracts, Agreements & Breach, Asked & Answered
How long does it take to draft a high-value sale agreement?
A clean draft for a defined transaction: 5 to 10 working days, including counterparty markup cycles. Complex transactions (joint ventures, family settlements, cross-border deals) may take 3 to 6 weeks. Urgent matters can be turned around in 48 hours where the brief is well-defined and execution-ready language already exists.
My counterparty has breached our agreement. What is the fastest remedy?
Issue a formal breach notice (statutory or contractual) giving 15 to 30 days to cure. If no cure, options are: (1) civil suit for specific performance (the default under the amended Specific Relief Act 2018); (2) civil suit for damages; (3) injunction to prevent ongoing breach; (4) arbitration where the contract has an arbitration clause. Choice depends on what you actually want, the property/asset, the money, or both.
I am an NRI. Can I sign a JV agreement in India remotely?
Yes. Two main routes: (1) execute via a registered Power of Attorney that authorises an India-resident attorney to sign on your behalf; (2) sign abroad, notarise and apostille under the Hague Convention, then register in India where stamp duty and registration are required. LawCrust handles both routes and the related stamp-duty calculation.
My business partner is dragging negotiations. Can I just walk away from a signed MOU?
It depends on whether the MOU is "binding" or "subject to definitive agreement". An MOU that records mutual obligations, consideration, and clear terms is enforceable as a contract (Section 10 Indian Contract Act). An MOU expressly described as non-binding (a "term sheet") generally is not. Read the MOU carefully, do not assume non-binding without a lawyer's review, walking away can expose you to specific-performance suits.
I paid an advance to a vendor in India who has disappeared. What is the fastest recovery?
Three parallel tracks: (1) Legal notice demanding return within 15 days; (2) Civil suit for recovery + Section 138 NI Act prosecution if you have a bounced cheque from them; (3) FIR for cheating under Section 318 BNS (cheating) if intent to deceive existed at inception. The Section 138 case is fastest for amounts below ₹10 lakh, the criminal threat usually triggers settlement.
My contract has an arbitration clause but I want to sue in court instead. Can I?
No, the other side will move under Section 8 of the Arbitration Act for reference to arbitration, and the court must refer. The 2015 amendment made this near-automatic (courts cannot go into merits beyond a prima facie validity check). If you want litigation instead, mutual written waiver of the arbitration clause is required, the other side has to agree.
Speak With Counsel
Discuss Your Contracts, Agreements & Breach Matter
Share a few details. A member of our team responds within one business day with a written next-step plan. The first call is nominal and confidential.
- ✓ Response within one business day, no IVR, no gatekeepers.
- ✓ Confidential. Information shared here is covered by professional privilege.
- ✓ India-side counsel for NRIs, available in US, UK, Gulf, APAC time zones.
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