Specific performance suit against legal heirs

Dear sir, as you know well, according to the Transfer of property Act, no one can transfer what he does not own. If your client is not having any absolute title over the property, the decree is not executable against him. At the same time as you say, how the son can execute power of Attorney if he does not own the property? On the other hand if your client claims title as sole legal heir, why the agreement for sale should not be performed? As you have raised a serious doubt about the survival owner on the date of filing of suit, the factual position of case need to be seriously attended as dead person cannot sue or be sued. Therefore, to my mind it seems that  in this case factual position be ascertained before legal position is worked out.. I convey my best wishes sir.

Dear sir, as you know well, according to the Transfer of property Act, no one can transfer what he does not own. If your client is not having any absolute title over the property, the decree is not executable against him. At the same time as you say, how the son can execute power of Attorney if he does not own the property? On the other hand if your client claims title as sole legal heir, why the agreement for sale should not be performed? As you have raised a serious doubt about the survival owner on the date of filing of suit, the factual position of case need to be seriously attended as dead person cannot sue or be sued. Therefore, to my mind it seems that  in this case factual position be ascertained before legal position is worked out.. I convey my best wishes sir.

Dear sir, as you know well, according to the Transfer of property Act, no one can transfer what he does not own. If your client is not having any absolute title over the property, the decree is not executable against him. At the same time as you say, how the son can execute power of Attorney if he does not own the property? On the other hand if your client claims title as sole legal heir, why the agreement for sale should not be performed? As you have raised a serious doubt about the survival owner on the date of filing of suit, the factual position of case need to be seriously attended as dead person cannot sue or be sued. Therefore, to my mind it seems that  in this case factual position be ascertained before legal position is worked out.. I convey my best wishes sir.

Thank you Mr.shanmugam...

Dear Sir, 

I humbly bring to the kind attention of your good offices that the question of Succession Certificate does not arise in a case of the like nature when the legal heirs are properly impleaded as parties to the Suit. The Suit was also decreed however exparte in favour of the plaintiff. The result of the Suit shall be that the son of the vendor who is the legal heir of his father had to register the property in favour the plaintiff. Every thing is wisely put. The vital point is that you have expressed a serious doubt as to the death of the vendor. As has been rightly expressed by Sri. shanmugam lakshmanan kinldy get it clear and confirmed that whether the vendor is no more by the date of filing the Suit on his son. If the vendor is alive by such date, the decree becomes infructuous and unenforceable. My great regards to Sri. shanmugam lakshmanan in suggesting the advise. 

Thanking you seeking your kind blessings always.

Truly Yours,

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

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