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The regulatory answer is thorough scrutiny and identification of the red flags and potentials risks through the process of Due diligence. “Due diligence” the term elucidated by Hon’ble Supreme Court of India, in the matter of Chander Kanta Bansal V. Rajinder Singh Anand (2008) 5 SCC 117, as per Black’s law Dictionary (18th Edn)- “Due Diligence” means the diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.’

India’s real estate sector has witnessed unprecedented growth over the last decades, driven by institutional investment, large-scale urbanization and increasingly sophisticated contractual structures. As projects become larger and transaction timelines longer, contracting parties are placing greater emphasis on contractual risk allocation. Among the provisions attracting increased attention are force majeure clauses and contractual protections against unforeseen circumstances.

India's capital markets regulator has rolled out one of its most significant ease-of-doing-business reforms for foreign investors in recent years. The Single Window Automatic and Generalised Access for Trusted Foreign Investors framework, known as SWAGAT-FI, consolidates and simplifies registration for a defined category of low-risk foreign portfolio investors and foreign venture capital investors.