relation back
Trishita Das Gupta
(Querist) 12 April 2011
This query is : Resolved
Which are the topics under which the doctrine of relation back are applicable?
R.Ramachandran
(Expert) 13 April 2011
The doctrine of relation back will apply wherever it has to apply. Please tell your exact issue instead of asking for things in a generic way.
Anil Kumar-Advocate
(Expert) 13 April 2011
Dear Trishita,
The topic is so broad in ints length & breadth that it is difficult for me to explain. However, in nutshell I can only speak that 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 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.
M V Gupta
(Expert) 13 April 2011
The doctrine of relation back applies in insolvency and registration of documents cases, amongst several other instances.Brouse the internet for the details.
