LAW

CAN ANY ONE TELL ME ABOUT  THE MEANING OF  "DISCLAIMER OF ONEROUS PROPERTY " IN THE CHAPTER OF WINDING UP OF CORPORATE LAW OF CA-FINAL!!!!!!! PLZZZZZZZZ HELP !!!!

Replies (4)

Will Break the answer in two parts..

First what is Disclaimer and then wat is Onerous Property..

 

1. What is a disclaimer?

A disclaimer is a formal notice on a prescribed form issued by a liquidator or trustee in respect of ’onerous’ property. It has the effect of removing from the liquidator or trustee all responsibility for the property disclaimed and discharges all personal liability in respect of it.

When acting as liquidator or trustee the official receiver should disclaim onerous property as soon as possible unless there is doubt as to whether there is any equity or realisable value. For example, it may be possible to disclaim in a company case where there is a commercial property, although it will be necessary to ascertain that a lease is of no value before issuing a disclaimer. In practice, most disclaimers issued in bankruptcies are in respect of domestic tenancies, but a disclaimer may be used against a variety of onerous property that cannot be disposed of by any other means.

A disclaimer can be issued at any time in the proceedings once the official receiver is liquidator or trustee.

2. What does ‘onerous property’ mean?

Careful regard must be made to the definition of onerous property. The Insolvency Act 1986 defines onerous property as:

  1. any unprofitable contract and
  2. any property, forming part of the estate, which is unsaleable, or not readily saleable or which may give rise to a liability to pay money or perform any other onerous act.

simply means, koi aisa property jisme fayde se jyada nuksan h..to usko disclaim (tyag) karne me hi bhalai h..

Can anyone say in form  https://gas-stationsnearme.com/buc-ees/ which amount to be stated in colum total value of purchases and amount of payment or credit.

A disclaimer may be used against a variety of onerous property that cannot be disposed of by any other means.

Super Mario

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details
Company
21 August 2026
Accountant

A G International

Kolkata

B.Com

View Details
Company
ARTICLESHIP 14 August 2026
Article Assistant

N J Suresh & Associates

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

Jain Ankit and Co

Gurgaon

CA Inter

View Details
Company
18 August 2026
Audit Assistant - Remote / Work From Home

CA ANOOP P K & ASSOCIATES

Kozhikode

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details
Company
19 August 2026
PAID ARTCILE ASSISTANT

My Legal Tax Consultants Pvt. Ltd.

Noida

CA Inter

View Details