Question:
I bought property from a person and sold it to a third party. Having snatched the sale paper from me, the first vendor sold it to another person. On the assumption that I cannot prove that he snatched the sale paper from me, which of the two transactions is valid - his or mine?

Visit count: 152    Category: Miscellaneous Sale Issues         
Answer:
On the assumption that the purchase of property from the owner was materialized in a shar‘ī and correct way, the buyer has the right of disposal in the property and should, therefore, have the right to sell it to whomever he wishes. Thus, the first vendor has no right of disposal in the property in any way, including the right of sale. Indeed, any sale by the latter is considered fuḍūlī and should be dependent on the permission of the first buyer.

Refrence:

Ref: www.leader.ir


The opinions expressed in this text do not necessarily reflect those of the publisher

Name
Email
Comment Text