Conditional sale Deed

Querist : Anonymous (Querist) 14 February 2011 This query is : Resolved
Dear Experts please answer my query

A widow executed a conditional sale to 'x',that if she did not repay the amount 1 lak in 5 years the sale will become abosulute. She dies intestate after 4 years without repaying.
the property being inherited from her husband and she has no class 1 heirs,
can her husband brother claim the property and can he repay or the sale made was abosulute on her death?

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Amit Minocha (Expert) 15 February 2011
According to me he should immediately repay by an account payee cheque on her behalf and file for letter of administration in the Court.

Kirti Kar Tripathi (Expert) 15 February 2011
I am of the view that the time period of the condition has not expired and she died during this period, thus under the law, the property will be inherited by the legal heirs of the deceased and in case, the legal heirs fulfill the said condition within remaining period, they can retain the same otherwise, the sale become absolute and the buyer has a right to get enforced the sale deed.

Y V Vishweshwar Rao (Expert) 15 February 2011
I agree with Learned friends !

The Vendor and all person claiming under Vendor to comply the Condition for repayment of the sale price with in the Stipulated time and get the property returned/reverted to Vendors -Legal heirs /Successors

Advocate. Arunagiri (Expert) 15 February 2011
The legal heirs can repay the loan amount and can get the property.

Querist : Anonymous (Querist) 15 February 2011
Thanking you all for your opinion.

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