If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed : Supreme Court
The Supreme Court held if someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document. However, the First Appellate Court reversed the trial court's decision observing that the wife would not derive title to her deceased husband's property when she contracted a second marriage. Further, the first appellate court held that the wife had no authority to create a lease and such a transaction by which she sought to lease out the subject property was not permissible in law. Before the Supreme Court, it was contended by the Appellants/defendants that the respondents/plaintiff cannot claim partition over the property as the wife had lost her right over the subject property on her contracting second marriage.
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