Study urges legal reforms for efficient real estate IBC cases
Real Estate

Study urges legal reforms for efficient real estate IBC cases

A recent study emphasises the urgent need for legal reforms to improve the efficiency of resolving real estate cases under the Insolvency and Bankruptcy Code (IBC). The current legal framework, according to the study, falls short in addressing the complexities unique to the real estate sector, leading to prolonged litigation and delayed resolutions.

The study points out that real estate projects typically involve a multitude of stakeholders, such as homebuyers, lenders, and developers, each with different and often conflicting interests. This complexity makes the resolution process under the IBC particularly challenging, resulting in lengthy legal proceedings and project delays. To address these issues, the study suggests specific legal reforms.

Among the key recommendations are the creation of specialised tribunals dedicated to handling real estate insolvency cases and amendments to the IBC that prioritise the interests of homebuyers. Enhanced dispute resolution mechanisms are also proposed to make the process more transparent and efficient. These changes aim to ensure fair and timely resolutions that protect the interests of all parties involved.

The study also highlights the importance of recognizing homebuyers as financial creditors under the IBC. This recognition would expedite project completions and safeguard the investments of individual buyers. Additionally, the study calls for better coordination between regulatory bodies and the judiciary to avoid jurisdictional conflicts and streamline case management.

In summary, the study underscores the critical need for targeted legal reforms tailored to the real estate sector within the insolvency framework. Implementing these measures could significantly enhance the resolution of real estate insolvency cases, benefiting stakeholders and contributing to the sector's stability and growth.

A recent study emphasises the urgent need for legal reforms to improve the efficiency of resolving real estate cases under the Insolvency and Bankruptcy Code (IBC). The current legal framework, according to the study, falls short in addressing the complexities unique to the real estate sector, leading to prolonged litigation and delayed resolutions. The study points out that real estate projects typically involve a multitude of stakeholders, such as homebuyers, lenders, and developers, each with different and often conflicting interests. This complexity makes the resolution process under the IBC particularly challenging, resulting in lengthy legal proceedings and project delays. To address these issues, the study suggests specific legal reforms. Among the key recommendations are the creation of specialised tribunals dedicated to handling real estate insolvency cases and amendments to the IBC that prioritise the interests of homebuyers. Enhanced dispute resolution mechanisms are also proposed to make the process more transparent and efficient. These changes aim to ensure fair and timely resolutions that protect the interests of all parties involved. The study also highlights the importance of recognizing homebuyers as financial creditors under the IBC. This recognition would expedite project completions and safeguard the investments of individual buyers. Additionally, the study calls for better coordination between regulatory bodies and the judiciary to avoid jurisdictional conflicts and streamline case management. In summary, the study underscores the critical need for targeted legal reforms tailored to the real estate sector within the insolvency framework. Implementing these measures could significantly enhance the resolution of real estate insolvency cases, benefiting stakeholders and contributing to the sector's stability and growth.

Next Story
Building Material

Ambuja Cements Drags JSW Cement to Court Over ‘Kawach’ Brand

Ambuja Cements, part of the Adani Group, has filed a trademark infringement case against JSW Cement in the Delhi High Court, alleging that its rival copied the ‘Kawach’ brand with its new product ‘Jal Kavach’.Justice Manmeet Pritam Singh Arora issued summons to JSW Cement and its subsidiary, JSW IP Holdings Pvt Ltd, while referring the matter to mediation. Hearings are scheduled to resume on October 15 if no settlement is reached.Ambuja, which registered the ‘Kawach’ trademark in 2019, argues that the term ‘Kavach’—meaning shield—is the distinctive feature of its branding. ..

Next Story
Technology

Bentley Systems Named Innovation Partner of the Year 2025 by Afcons

Bentley Systems, the infrastructure engineering software company, has been recognised by Afcons Infrastructure Limited as its Innovation Partner of the Year 2025 at the Innovation Partners 2025 Felicitation Ceremony in Mumbai. The award acknowledges Bentley’s contribution to Afcons’ engineering digitalisation journey through an enterprise agreement providing access to over 250 Bentley engineering software tools. This adoption has enabled Afcons to accelerate project delivery, standardise digital workflows, and strengthen innovation across its infrastructure portfolio. Among key i..

Next Story
Infrastructure Urban

SBI Sells 13.18% Stake in Yes Bank to Japan’s SMBC

State Bank of India (SBI) has completed the sale of a 13.18 per cent stake in Yes Bank to Japan’s Sumitomo Mitsui Banking Corporation (SMBC) for over Rs 8,889 crore. The divestment is part of a Rs 13,482 crore deal finalised in May with SMBC and seven private banks.Following the transaction, SBI’s shareholding in Yes Bank stands at 10.8 per cent. The deal, involving 4,134.4 million shares at Rs 21.50 each, is the largest cross-border transaction in the Indian banking sector.SBI Chairman C S Setty described the 2020 RBI-led rescue of Yes Bank as a pioneering public-private partnership, addi..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Talk to us?