Provincial insolvency act of 1920
basavaraj shiromani
(Querist) 29 September 2011
This query is : Resolved
1) Whether a legal heir of insolvent person can remit the debt to the creditors and thereby such legal heir is whether entitled to get discharge of the insolvency and further to get back the properties attached by court and manage through the court commissioner ?
2) A person was adjudicated as insolvent in the year 1954. The court had seized his property and the court receiver was appointed to administer the property and thereby work of the receiver was to get the yield of seized property of insolvent and to liquidate the debt of the creditors in due course of time. now insolvent is dead in the year 1978. The legal heirs of deceased insolvent came to know the decision of insolvency of their father and found that the properties of deceased insolvent are attached by court and court receiver is appointed and court receiver is also dead and he has not liquidated the debt of insolvent during his life time. under these circumstances the legal heir have come forward and approached the court and deposited the standing dues of creditors. now question is whether legal heirs can get back the properties under custody of court ?
prabhakar singh
(Expert) 29 September 2011
You state "under these circumstances the legal heir have come forward and approached the court and deposited the standing dues of creditors"
Then my question is what application was moved in the court and what prayer was made and has the court accepted or partly accepted
the application of heirs??
In substance,is it possible for you to attach the application as well order passed on it by court,if order is pending ,only application be attached here.
