Section 164:
Undervalued transactions.
(1) The bankruptcy trustee may apply to the Adjudicating
Authority for an order under this section in respect of an undervalued transaction between a bankrupt and
any person.
(2) The undervalued transaction referred to in sub-section (1) should have—
(a) been entered into during the period of two years ending on the filing of the application for
bankruptcy; and
(b) caused bankruptcy process to be triggered.
(3) A transaction between a bankrupt and his associate entered into during the period of two years
preceding the date of making of the application for bankruptcy shall be deemed to be an undervalued
transaction under this section.
(4) On the application of the bankruptcy trustee under sub-section (1), the Adjudicating Authority
may—
(a) pass an order declaring an undervalued transaction void;
(b) pass an order requiring any property transferred as a part of an undervalued transaction to be
vested with the bankruptcy trustee as a part of the estate of the bankrupt; and
(c) pass any other order it thinks fit for restoring the position to what it would have been if the
bankrupt had not entered into the undervalued transaction.
(5) The order under clause (a) of sub-section (4) shall not be passed if it is proved by the bankrupt
that the transaction was undertaken in the ordinary course of business of the bankrupt:
Provided that the provisions of this sub-section shall not be applicable to undervalued transaction
entered into between a bankrupt and his associate under sub-section (3) of this section.
(6) For the purposes of this section, a bankrupt enters into an undervalued transaction with any person
if—
(a) he makes a gift to that person;
(b) no consideration has been received by that person from the bankrupt;
(c) it is in consideration of marriage; or
(d) it is for a consideration, the value of which in money or money's worth is significantly less
than the value in money or money's worth of the consideration provided by the bankrupt.