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ARTICLE · 17 DECEMBER 2020

If There's No Payment, You Can Transfer Property Using A Gift Deed

For the gift deed or release deed to be legally valid, it is necessary that it is registered with the sub-registrar of assurances having appropriate jurisdiction

IndiaInsolvency/Bankruptcy/Re-Structuring

For the gift deed or release deed to be legally valid, it is necessary that it is registered with the sub-registrar of assurances having appropriate jurisdiction

I have a flat booked with a developer who has been declared insolvent. I have paid 50% of the property value and the remaining is being paid through  EMIs on a loan I took. Is there a legal recourse for me?

—Deepa Mahto

Under the Insolvency and Bankruptcy Code, 2016, homebuyers are considered as financial creditors and have a right to be represented before the Committee of Creditors. Based on the limited facts provided to us, you may note that as part of the corporate insolvency resolution process, the procedure is that a public notice will be published in local newspapers for inviting the claims of the creditors and pursuant thereto you will be required to submit your claim in the prescribed form along with details and documents to the resolution professional appointed for the class of homebuyers.

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