Genuine Homebuyer vs. Speculative Investor: Supreme Court Clarifies the Distinction Under the IBC
Supreme Court
Genuine Homebuyer vs. Speculative Investor: Supreme Court Clarifies the Distinction Under the IBC
September 2026

In Mansi Brar Fernandes v. Shubha Sharma & Anr. (2025), the Supreme Court of India highlighted the distinction between a genuine homebuyer and a speculative investor in real-estate transactions. The Court emphasized that the determination depends on the actual intention behind the transaction, considering factors such as possession, assured returns, buy-back arrangements, the number of units purchased, and the overall conduct of the allottee. The ruling reinforces that the IBC is intended to protect genuine homebuyers as financial creditors while preventing its use merely as a recovery mechanism for investments seeking assured returns, refunds, or exits.

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