Monday, September 14, 2026
  • Home
  • About us
  • Privacy policy
  • Advertise with us
  • Contact us
Fii News Logo
No Result
View All Result
  • Tenders
  • Projects
  • Markets
  • Manufacturing
  • Investment
  • Technology
  • Exports
  • UP InternationalTrade Show
Newsletter
  • Tenders
  • Projects
  • Markets
  • Manufacturing
  • Investment
  • Technology
  • Exports
  • UP InternationalTrade Show
Fiinews
No Result
View All Result
Home Banking & Finance

IBC-RERA pitted in home-ownership cases

Fiinews by Fiinews
April 22, 2018
in Banking & Finance, Economy, Investment
Reading Time: 2 mins read
A A
0
0
SHARES
11
VIEWS
LinkedinShare on Twitter

Home buyers are “unsecured creditors”

Tajmahal

The two laws enacted in 2016 may have the best of intentions, but the Insolvency and Bankruptcy Code (IBC) and the Real Estate (Regulation and Development) Act (RERA) appear to be pitted against each other when it comes resolving interest of bankers and home-buyers, according to an ASSOCHAM- Thought Arbitrage paper.

“The conflict between IBC and RERA came to the fore in quite a few bankruptcy proceeding in the recent times…. In a way, IBC and RERA have areas where there are possibilities of conflict in operation.

“While IBC allows companies to file for bankruptcy to provide relief to debtors or creditors, RERA looks at providing relief to home buyers and seeks to hold developers or builders responsible if the project is delayed,” the paper said.

As per provisions of the IBC, home buyers are “unsecured creditors” and as a result their priority to be compensated comes after those institutional or other creditors who have provided loans to the developer. Scope for confusion prevails as for both RERA and IBC, the law states that it will prevail over other laws.

In the latest case related to an Amrapali project, the Supreme Court held that financial creditors cannot take over homes belonging to the home buyers. In other words, Supreme Court upheld the rights of home buyers ahead of the creditors.

This amply demonstrates the fundamental contradiction between IBC and RERA – while one tries to give primacy to the creditors the other tries to put consumers before creditors.

Since IBC was legislated in May 2016, after RERA was passed in March 2016, legal experts opine that the Insolvency Act will override RERA, in case of a conflict. In some cases, that might undermine the actual objective of consumer security, with which RERA was enacted.

“The fundamental contradiction between these two may drag cases to judicial and legal forums,” the paper noted with concern.

In the light of the recent legislation of Bankruptcy Act, RERA may not create separate provisions to deal with bankruptcy. “Synchronising Bankruptcy Act with RERA may be a better way to tackle this problem,” ASSOCHAM Secretary General D S Rawat said.

Regulation of the real estate sector remains an important driver for its growth. A well organised and regulated real estate sector is more likely to grow rapidly in the long run than an unorganised one

Effective implementation of RERA has the potential to drastically change the composition, operation and financing of the sector, particularly the residential real estate sector, the paper said. fii-news.com

Tags: ASSOCHAM
ShareTweetShare

Related Posts

Adani Group
Investment

Invest: Temasek backs Adani’s $1bn equity capital

by Fiinews
September 11, 2026
0
14

AAHL to build world's largest airports platform, says Bansal A consortium of investors comprising Alpha Wave Global, Premji Invest, Temasek...

Singapore Airlines
Investment

Invest: SIA to internally fund stake in India

by Fiinews
September 11, 2026
0
19

Air India investment receives full attention of SIA board Responding to an online criticism and a follow-on parliamentary debate on...

Tata AIA

Invest: Tata AIA Fund outperforms S&P BSE 200

September 8, 2026
21
KRAFTON

Invest: KRAFTON reaffirms commitment to India

September 5, 2026
19
Antwerp Port

Invest: Belgium PM highlights trade opportunities

September 5, 2026
21
CreditAccess

Invest: CreditAccess raises Rs.300cr from Barclays

September 5, 2026
20
SBI YONO
Upits 2026 brochure 062026 pdf

POPULAR NEWS

  • Cristina Dnv

    Projects: Indian yards set to build green ships, says DNV expert

    0 shares
    Share 0 Tweet 0
  • Investment: India welcomes US investment and technology collaboration

    0 shares
    Share 0 Tweet 0
  • Market: PM Modi-President Zelenskyy discussed trade and technology

    0 shares
    Share 0 Tweet 0
  • Manufacturing: Approved ‘BioE3’of Biotechnology Dept

    0 shares
    Share 0 Tweet 0
  • Technology: Mastercard-supported Digital Saksham trains Maharashtran MSMEs

    0 shares
    Share 0 Tweet 0

Fiinews.com features through news articles on business opportunities in the Indian market for the benefits of foreigners. It is also a platform for international businesses to showcase through elaborate articles on their products & services to the Indian consumers and corporations exploiting industrialisation of the country.

7Clicks Media is a Singapore based Media & PR company offering over 100,000
impressions via our targeted communication strategy.

It is led by editor-in-chief Gurdip Singh who has worked over 45 years reporting on
Asian businesses.

Recent News

  • Market: EAM wants BRICS incubator-startup fund
  • Project: Global trust in India rising
  • Market: Non-tariff barriers talked BRICS Forum
  • Tech: Leapora opens Taskeen in India
  • Project: India’s infra story enters new chapter

Pages

  • About US
  • ADVERTISE ON FIINEWS.COM
  • CONTACT US
  • EVENTS
  • FII-NEWS.COM PDF ARCHIVE
  • Home
  • News
  • PRIVACY POLICY

Subscribe to Newsletter

  • About
  • Advertise
  • Careers
  • Contact us

© 2024 FIINEWS - Design and developed by 7clicksmedia.

No Result
View All Result
  • Tenders
  • Projects
  • Markets
  • Manufacturing
  • Investment
  • Technology
  • Exports
  • UP International

© 2024 FIINEWS - Design and developed by 7clicksmedia.