Doctor of Relation BacK
H. S. Thukral
(Expert) 31 October 2009
In Industrial law, the situation arises as to what should be considered the date of dismissal of the workman. In some cases the employer has to seek permission from the industrial court before the dismissal becomes effective. The question then arises whether the dismissal sahll RELATE BACK to the date when the employer dismissed an employee or the date when the industrial court approved the dismissal.
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.
Kumar Krishan Agarwal Advocate
(Querist) 31 October 2009
This query is : Resolved
