CTHRepealedAct
Bankruptcy Act 1924
Limitation of claim by trustee in bankruLimitation of claim by trustee in bankrupt estate.
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### Limitation of claim by trustee in bankrupt estate.
Vic., s. 164.
(3.) After the expiration of twenty years after the date of the sequestration of the estate of a bankrupt, no claim shall be made by the trustee of the estate, to any estate or interest in any land which is part of the property of the bankrupt, and that estate or interest shall, subject to the rights (if any) of any person in possession of the land, be deemed to be vested in the bankrupt or any person claiming through or under him, as the case may be.
N.S.W., 1919, No. 6, s. 62.
(4.) Where a doubt arises as to the identity of any person appearing in the title to any property with any bankrupt, any intending or actual vendor, mortgagor or lessor of the property or applicant to bring land under the provisions of any Act or State Act relating to title to land, or any resuming or constructing authority under any Act or State Act may give, to the official receiver or trustee of the estate of the bankrupt as to whose identity the doubt arises, a notice, accompanied by the prescribed fee, containing particulars of the property in question and of the person whose
identity is in doubt, and a statement of his intention to sell, mortgage or lease, or complete the sale, mortgage or lease, of the property or to bring the property under the provisions of any Act or State Act relating to title to land, or to pay compensation in respect of the resumption of the property.
(5.) The official receiver or trustee may, within such time after the date of the notice as is prescribed, file with the Registrar of Titles or Registrar-General or other proper officer of the Commonwealth or the State in which the property is situated, a memorandum in the prescribed form claiming the property in respect of which the notice was given.
(6.) If the official receiver or trustee does not within the prescribed time file, in accordance with the last preceding sub-section, a memorandum claiming the property in respect of which the notice was given, he shall not be entitled at any future time to assert his title thereto or make any claim in respect thereof as against the vendor, mortgagor, lessor, applicant or the resuming or constructing authority, or as against any person claiming under or through the vendor, mortgagor, lessor or applicant.
(7.) The official receiver or trustee may file with the Registrar of Titles or Registrar-General or other proper officer of the Commonwealth or the State in which the property is situated, a notice, in the prescribed form, of withdrawal of any such memorandum.