Which of the following statement is true when such a transferee was already in possession of a joint...........

Specific Relief Act (SRA) 1963 Miscellaneous Provisions

Which of the following statement is true when such a transferee was already in possession of a joint property and then executed an agreement of sale if the interest of one joint owner of the property?

The agreement is litigious

His possession forbidden by the law, as to defeat specific performance

both (A) and (B)

None of these

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Explanation:

- Option 1: The agreement being "litigious" means it is related to disputed property or is the subject of litigation. Mere execution of an agreement of sale by a person already in possession does not make it litigious unless there is an actual dispute.

- Option 2: The possession of a transferee who is already a joint owner is not forbidden by law. Being in possession as a joint owner is lawful, and executing an agreement for the interest of another joint owner does not automatically defeat specific performance.

- Option 3: This combines both previous statements, but as explained, neither is correct.

- Option 4: None of these. This is the correct option, as neither of the above statements accurately describes the legal situation.

Option 4 is correct.