Regarding Land Issue

864 votes

Dear Client,
You must know the consequences of transfer of property. In the present query X sold the property to y on agreement. That may be non possessory agreement. That agreement has three years time of limitation. Before executing the will to his wife, x has alienated the property to y by way of sale on agreement. Then x has again no right to alienate the same property through will to his wife as he already alienated the same property to y by way of sale on agreement. But y must file a civil suit for specific performance of contract on x, when he was alive and after his death, y must bring the Legal representatives on record for registration of property in his name and thereafter for delivering the physical possession of the property through the orders of the court. As per the above answer x`s wife will have no right to sell the property to any other party while the case is still in the court. The sale is not binding one on y. Hence, y can proceed to take the possession of property after getting decree for specific performance in his favour. But, y must bring all the legal representatives of x on suit record including wife of x. Take expert legal advise.

Advocate Sistla Rama Krishna LawRato

903 votes

Hi
It is a case of specific relief act.
Under specific relief act, if the buyer did not demonstrate that he is willing to buy the property within specified time, the seller is free to enter in to a contract with a third person.
Since the property has been transferred through will from husband to wife ideally the wife can sell the property if there is no stay order against the wife from selling the property.

Advocate Rajagopalan LawRato