Doctrine of Relation Back
A V Vishal
(Expert) 01 November 2009
The Doctrine of Relation Back:
The effect of the doctrine of relation
back is to deem the commencement of
the bankruptcy to be earliest act of
bankruptcy committed within six months
immediately preceding the date of the
presentation of the petition.
Any property that is acquired or
devolves after commencement of the
bankruptcy and before discharge is
available to creditors.
Sachin Bhatia
(Expert) 01 November 2009
Visit following link for reply:
http://recenter.tamu.edu/pdf/1191.pdf
Sachin Bhatia
(Expert) 01 November 2009
Doctrine of Relation Back establishing the effects of the grantor's death on an escrow transaction. In a valid escrow, there is an irrevocable deposit of the executed deed, purchase money, and instructions into the escrow pending performance of the escrow conditions. Under the relation-back doctrine, death of the grantor does not terminate the escrow or revoke the agent’s authority to deliver an executed deed. When the escrow conditions are performed, title passes to the grantee, and the deed can be formally delivered to the grantee without any probate court approval.
Delivery of deed to the grantee relates back to the date it was originally deposited with the escrow agent, and it is as if the grantor made delivery to the grantee before the grantor’s death. Otherwise, an action for specific performance would have to be brought against the grantor's heirs. In addition, delivery of a deed into escrow also cuts off the rights of any of the sellers attaching creditors and thus passing clear title as of the date of the escrow.
Theja
(Expert) 01 November 2009
That is helpful explanation sir. Thank you. It added to my knowledge
Kumar Krishan Agarwal Advocate
(Querist) 31 October 2009
This query is : Resolved
