My friend’s mother owned a property along with her son which she sold when the son was a minor. On becoming a major the son challenged the sale and the court decided that the sale was improper. Subsequently the son died and his mother inherited the son’s share also since there was no other legal heir for the deceased. Whether the buyer can put forth his claim over the remaining half share of property acquired by the mother upon the death of her son?
As the suit filed by the son challenging the sale of his share by her mother has already been decreed in his favour, the contract originally entered or the sale deed executed to this extent does not survive and the purchaser cannot claim any right over this portion of the property under the earlier the sale deed executed by his mother during the deceased’s minority.