Informative

Homebuyers Remain Financial Creditors U/S 5(8)(F) Of IBC Regardless Of Whether They Obtained RERA Recovery Certificates: NCLAT

Update / Judgement Date

04 May 2025

Source

Taxscan

Author

Team — WCP Legal Desk

Reading Time

1 min read

Insolvency & Bankruptcy CodeRERA & Property Act

NCLAT reaffirmed that homebuyers remain financial creditors under Section 5(8)(f) of IBC regardless of RERA recovery certificates. The ruling maintains homebuyers' position in insolvency proceedings, protecting their rights even when alternative remedies exist. This consistency in interpretation provides stability to real estate insolvencies while acknowledging the complementary nature of RERA and IBC frameworks.

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Homebuyers Remain Financial Creditors U/S 5(8)(F) Of IBC Regardless Of Whether They Obtained RERA Recovery Certificates: NCLAT

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