08/07/2026
From Debt Recovery to Project Completion: The New Era of Real Estate Insolvency π’πΌ
Delighted to have spoken at the ICAI Residential Refresher Course on a topic reshaping the landscape of real estate investments and legal remedies in India: Real Estate Insolvency β Project-Wise CIRP, RERA & Homebuyers.
With real estate standing as the largest human-impact segment under the Insolvency and Bankruptcy Code (IBC)βaffecting over 2.49 lakh homebuyers across 553 admitted cases βthe legacy model of entity-wide insolvency often did more harm than good. Freezing an entire developer entity due to a single stalled project frequently crippled otherwise healthy, viable developments.
Key Takeaways from the Session:
π’ Real estate remains the largest stakeholder segment under the IBC, with over 2.49 lakh homebuyers impacted across 553 admitted insolvency cases.
βοΈ The earlier entity-wide CIRP often stalled even healthy projects, delaying completion and hurting homebuyers.
π IBC Amendment Act, 2026 introduces Project-Wise CIRP as the statutory default, allowing each project to be resolved independently.
π‘οΈ Project-wise insolvency helps ring-fence project assets, cash flows, and liabilities, ensuring viable projects continue.
π The Mansi Brar Fernandes v. Shubha Sharma decision reinforces RERA as the first remedy, with IBC reserved for genuine insolvency cases.
π¨βπ©βπ§βπ¦ The focus of real estate insolvency is shifting from debt recovery to project completion and homebuyer possession.
πΌ Professionals must align RERA compliance, escrow mechanisms, and project-specific banking (Regulation 4D) for effective implementation.
π€ The future of real estate insolvency lies in protecting stakeholders, preserving value, and ensuring timely project completion.
A big thank you to the ICAI for organizing this Residential Refresher Course and facilitating such timely, high-level practitioner dialogue.
Let's continue to build frameworks where completion, stakeholder protection, and value preservation go hand-in-hand. π€