Overview
If the real estate company is in a bad financial position and is unable to continue or complete the relevant real estate project, the real estate buyer can initiate bankruptcy proceedings in the state’s corporate law court. Before starting insolvency proceedings, sending a legal notice to the builder acts as a final warning. If an agreement is still not reached, a petition to initiate insolvency proceedings should be filed.
Steps involved in Insolvency proceedings against the real estate company
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- DOCUMENT VERIFICATION
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- COMPLAINT DRAFTING
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- FILING OF COMPLAINT
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- ADMISSION HEARING
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- APPOINTMENT OF RESOLUTION PROFESSIONAL (RP)
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- CORPORATE INSOLVENCY RESOLUTION PROCESS
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- ACCEPTANCE/REJECTION OF RESOLUTION PLAN
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- LIQUIDATION
Required Documents
- Application for buying of property in the Project
- Builder-Buyer Agreement
- Receipts/Proof of payments made to the builder
- Letters/ email correspondences between the Buyer and the Builder
- Brochure of the Project
- Letter of Allotment
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