Sunita sold her flat to NOP Televisions Ltd. on 1st April, 2016. The company appointed Prakash (a registered valuer and also husband of Sunita) on 1st May, 2019 to determine the value of the flat purchased from Sunita. C
CS Executive · Company Law · PYQS · December 2020
Sunita sold her flat to NOP Televisions Ltd. on 1st April, 2016. The company appointed Prakash (a registered valuer and also husband of Sunita) on 1st May, 2019 to determine the value of the flat purchased from Sunita. Can Prakash validly undertake this assignment? Would your answer differ if the appointment had been made on 1st March, 2019?
Answer & Explanation:
According to Section 247(2)(d) of the Companies Act, 2013, valuer shall not undertake valuation of any assets in which he has a direct or indirect interest or becomes so interested at any time during a period of three years prior to his appointment as a valuer or three years after the valuation of assets was conducted by him. In the instant case, Prakash had an indirect interest in the property because it was owned by his wife (Sunita). However, he was appointed on May 01, 2019 as valuer of the property, since a period of three years has already elapsed after the sale of property, Prakash can validly take up the assignment of valuation of the property. However, if the appointment had been made on March 01, 2019, the period of three years would not have elapsed and he could not have taken up the assignment.
Topics: Valuation
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