Challenge against disclaimed property
Section 163 of the Insolvency and Bankruptcy Code, 2016 deals with challenge against disclaimed property. An application challenging the disclaimer may be made by the following persons under this section to the Adjudicating Authority— (a) any person who claims an interest in the disclaimed property; The Act was enacted on 28 May 2016.
(1) An application challenging the disclaimer may be made by the following persons under this section to the Adjudicating Authority—
(a) any person who claims an interest in the disclaimed property; or
(b) any person who is under any liability in respect of the disclaimed property; or
(c) where the disclaimed property is a dwelling house, any person who on the date of application for bankruptcy was in occupation of or entitled to occupy that dwelling house.
(2) The Adjudicating Authority may on an application under sub-section (1) make an order for the vesting of the disclaimed property in, or for its delivery to any of the persons mentioned in sub-section (1)
(3) The Adjudicating Authority shall not make an order in favour of a person who has made an application under clause (b) of sub-section (1) except where it appears to the Adjudicating Authority that it would be just to do so for the purpose of compensating the person.
(4) The effect of an order under this section shall be taken into account while assessing loss or damage sustained by any person in consequence of the disclaimer under sub-section (5) of section 160.
(5) An order under sub-section (2) vesting property in any person need not be completed by any consequence, assignment or transfer.
Section 163, The Insolvency and Bankruptcy Code, 2016 (Act 31 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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Questions about Section 163
What does Section 163 of the Insolvency and Bankruptcy Code deal with?
Section 163 of the Insolvency and Bankruptcy Code is headed "Challenge against disclaimed property". An application challenging the disclaimer may be made by the following persons under this section to the Adjudicating Authority— (a) any person who claims an interest in the disclaimed property;
How do I find court cases under Section 163 of the Insolvency and Bankruptcy Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Insolvency and Bankruptcy Code 163, section 163 Insolvency and Bankruptcy Code, section 163 of the Insolvency and Bankruptcy Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 163 of the Insolvency and Bankruptcy Code, and has it changed?
Its own text turns on section 160 (Onerous property of bankrupt), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was Section 163 of the Insolvency and Bankruptcy Code enacted?
Section 163 of the Insolvency and Bankruptcy Code, cited as Insolvency and Bankruptcy Code 163, was enacted on 28 May 2016 as Act 31 of 2016. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 21 Oct 2026. This page is not a substitute for legal advice.