The government and the Insolvency and Bankruptcy Board of India have proposed a tweak in norms for the real estate sector, recognizing the unique needs of homebuyers, who invest their entire savings.
- The Bankruptcy Suggestions
A discussion paper, which will form the basis for amendments to the Insolvency and bankruptcy code has suggested that in case an application is filed against a real estate company, which has multiple projects, a special dispensation will provide for initiating proceedings only against a part of an entity which could be a specific project. - Observations
It is observed that insolvency resolution of corporate debtors that are promoters of the real estate project has posed a significant challenge due to the peculiarities of the sector. However, the law has clarified the status of allotted in a real estate project as financial creditors and made them a core part of the committee of creditors. - Real estate accounts for the second-highest number of canes admitted for insolvency actions. Informal arrangements for compensation of housing units have been initiated by resolution professionals and possession is also being offered transfer of ownership is something that has not been considered so far
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