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Namakkal Raghavendran (CEO)     30 April 2026

Disposition of property ahead of a testator's death

I am 90 years oid. I have only 2 sons as legal heirs. Both are citizens abroad and have no interest in the real estate I have after my passing away. So I intend to sell the property to a person who will allow me to stay in the property till my death. Can I transfer the proceeds of the sale to their NRO accounts on 50/50 basis straightaway, since that is the provision I have made in my will?



 4 Replies

Dr. J C Vashista (Advocate )     01 May 2026

When you have already executed a will in favour of your sons (ciizenship has no relevance in devolution of the property) there is no need for any other document.

If you want to  sell the property it is entirely upon wish / magnanimity of the vendee (purchaser) to allow you to use it during your life time, which is generally, not acceptable.

T. Kalaiselvan, Advocate (Advocate)     01 May 2026

You can transfer the sale proceeds to your sons' NRO accounts, but this will be legally treated as a gift during your lifetime rather than an inheritance under your will. Because you are selling the property now, your will which only takes effect after death does not yet govern these funds.

Namakkal Raghavendran (CEO)     01 May 2026

Thanks, folks, much obliged!

P. Venu (Advocate)     02 May 2026

Have you taken your sons into confidence as to the proposed arrangments?

Once the property is sold, without or without conditions,a fresh Will needs to be executed based on the changed circumstances.


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