Legal Question in Civil Litigation in India
Hi,
A person had purchased a property in 2000 and given a will in July 2011 for the said property in the name of his spouse and later died in Dec. 2012. In July 2012, spouse of the deceased had sold the property to some other person by virtue of the said will.
Will there be any legal hurdle on the said property/
Thanks
Bijaya Kumar Swain
4 Answers from Attorneys
Since property has been sold before Will coming into existence now confirmation deed should be executed
i agree with Adv Anil kumar
the sale is null and void.
WILL comes into operation only after the death of the testator. So before the will came into force, property was already sold, so subsequently when the testator died, the property no longer belonged to testator, so he was incompetent to bequeath the property by virtue of will, hence forth, any recital in the will qua the said property are void and do no confer any right title or interest pursuant thereto, nor any sale made pursuant to said will confer any legal title on the subsequent purchaser.
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