Who Can File a Claim Before NCLT as a Homebuyer? – Lex Bona Fide

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    The Insolvency and Bankruptcy Code, 2016 (IBC) recognizes homebuyers as financial creditors, granting them statutory rights in insolvency proceedings.

    Status of Homebuyers under IBC

    A homebuyer who has paid money to a real estate developer for an apartment or plot is treated as a financial creditor under the IBC.

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    Who Can File a Claim Before NCLT?

    A homebuyer can file a claim before the National Company Law Tribunal (NCLT) if:

    • The developer is undergoing Corporate Insolvency Resolution Process (CIRP)

    • Consideration has been paid (full or part)

    • Possession has not been handed over

    Documents Required for Filing Claim

    Types of Claims by Homebuyers

    Filing Process for Homebuyers

    1. Public announcement by IRP

    2. Submission of claim in prescribed form

    3. Verification by Resolution Professional

    4. Inclusion in list of creditors

    Rights of Homebuyers in CIRP

    • Right to vote through Authorized Representative

    • Right to participate in CoC meetings

    • Right to receive resolution plan benefits

    Importance of Legal Guidance

    IBC timelines are strict. Incorrect filing or missing documents may lead to rejection of claim.


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