Law4u - Made in India

Can Homebuyers File For Insolvency Against Builders?

Answer By law4u team

Yes, homebuyers can file for insolvency proceedings against builders under the Insolvency and Bankruptcy Code (IBC), typically by classifying themselves as financial creditors. This legal option has become an important tool for addressing defaults by real estate developers in delivering projects on time or fulfilling financial commitments.

Homebuyers and Insolvency Proceedings Under IBC

Status as Financial Creditors

Following the Supreme Court ruling in Swiss Ribbons Pvt. Ltd. vs. Union of India and subsequent amendments, homebuyers who have made payments for flats under construction are recognized as financial creditors under the IBC.

This recognition allows homebuyers to initiate insolvency proceedings against the defaulting builder.

Grounds for Filing

Homebuyers can file if the builder has defaulted in payment obligations related to the project, delayed possession, or failed to complete the real estate development.

Default must meet the minimum threshold amount prescribed by the IBC.

Initiation of Corporate Insolvency Resolution Process (CIRP)

Homebuyers can approach the National Company Law Tribunal (NCLT) to initiate CIRP against the builder, aiming for resolution or liquidation to recover dues or ensure project completion.

Committee of Creditors (CoC)

Homebuyers, as financial creditors, form part of the CoC and participate in decisions related to the resolution plan, giving them collective bargaining power.

Interaction with Real Estate Laws

IBC proceedings complement other protections under the Real Estate (Regulation and Development) Act (RERA), providing an additional legal avenue for homebuyers.

Challenges and Considerations

Though homebuyers have this right, practical challenges include collective action, proving default, and managing timelines.

Engaging insolvency professionals and legal experts is advisable.

Legal Context

IBC Amendments recognizing homebuyers as financial creditors.

Supreme Court Judgment in Swiss Ribbons Pvt. Ltd. vs. Union of India.

Section 7, IBC – Initiation by financial creditors.

NCLT Jurisdiction over insolvency proceedings.

Example

A group of homebuyers, who paid for apartments in a delayed residential project, file a petition under IBC against the builder for default. The NCLT admits the case and initiates CIRP. The Committee of Creditors, including homebuyers, negotiates a resolution plan which mandates timely completion of the project or compensation, protecting buyers’ interests.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Abdul Karim

Advocate Abdul Karim

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Ankit Kumar Rao

Advocate Ankit Kumar Rao

Breach of Contract, Anticipatory Bail, Civil, Consumer Court, Cheque Bounce, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Child Custody

Get Advice
Advocate Ajay Kumar Jain

Advocate Ajay Kumar Jain

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Bhimrao Fakira Chavan

Advocate Bhimrao Fakira Chavan

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Succession Certificate

Get Advice
Advocate Lekh Narayan Karna

Advocate Lekh Narayan Karna

Breach of Contract, Cheque Bounce, Corporate, Criminal, Documentation, High Court, Labour & Service, Landlord & Tenant, NCLT, Recovery, Trademark & Copyright

Get Advice
Advocate Jaykishan Devani

Advocate Jaykishan Devani

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Numair Aidroos

Advocate Numair Aidroos

Breach of Contract, Civil, Corporate, Criminal, High Court, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Property, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Gajendra Tayade

Advocate Gajendra Tayade

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.