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SRINIVAS (BUSINESS)     30 May 2024

Will written sale of property before executor death

MY MOTHER IS ALIVE (68 YRS OLD )   AND MYSELF (SON) AND MY SISTER  ARE  LEGAL HEIRS FOR HER PROPERTY . SHE EXECUED WILL IN  2017  FOR OUR ASSETS ACCORDING TO THAT WILL  , MY MOTHER  PASSED  RIGHTS TO TWO HOUSES AND TWO VACCANT PLOTS TO ME  .  IN 2022 MY MOTHER SOLD THE VACANT PLOT BEFORE THE WILL EXECUTED . MY QUESTION IS  WHETHER THE EXECUTED WILL IS VALID FOR THE TWO HOUSES , BECAUSE HE  SOLD TWO PLOTS MENTIONED IN THE WILL .

 

ON THE OTHER HAND  SHE GOING TO SELL A FLAT  IN HIS NAME WHICH WAS EXECUTED  SEPRATED WILL TO MY SISTER , AFTER SELLING THIS  , SHE IS GOING TO INVEST IN BANK  &  PUT MY SISTER AS NOMINEE

 

. KINDLY  ANSWER 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 May 2024

The testator can very well sell the property bequeathed in the Will during his/her lifetime, the beneficiaries cannot object or claim the bequest as a right at least not during the lifetime of the testator.

In fact the testatior can even cancel the Will anytime during her lifetime.

There is no infirmity in the acts of your mother by selling the properties mentioned in the Will during her lifetime

P. Venu (Advocate)     02 June 2024

Yes, a testator can sell the property or part of the property covered by the Will. The legacy will be restricted to the property vested with the testator at the time of his/her demise.

"ON THE OTHER HAND  SHE GOING TO SELL A FLAT  IN HIS NAME WHICH WAS EXECUTED  SEPRATED WILL TO MY SISTER , AFTER SELLING THIS  , SHE IS GOING TO INVEST IN BANK  &  PUT MY SISTER AS NOMINEE"  

The sister, being the nominee, is a only a trustee on behalf of all the legal heirs.


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