Time limitation on transfer of property through will


In his Will made in 2005, my father gave out one of the floors in the house to me and two other floors to my siblings, but put a clause that the floors or the property can not be sold till year 2032. Most of us are NRIs and not sure if this limitation imposed can be revoked by court of law considering we are NRIs and would not want the property here unattended for another 14 years. Can my mom claim first right on all the immovable property even though her name is not mentioned in the will, my parents were married for 58 years.

Answers (3)


215 votes

Question: In his Will made in 2005, my father gave out one of the floors in the house to me and two other floors to my siblings, but put a clause that the floors or the property can not be sold till year 2032. Most of us are NRIs and not sure if this limitation imposed can be revoked by court of law considering we are NRIs and would not want the property here unattended for another 14 years. Can my mom claim first right on all the immovable property even though her name is not mentioned in the will, my parents were married for 58 years

Ans. Limitations cannot be revoked however ur mother can enjoy all rights


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186 votes

The condition imposed by your father regarding not selling the property till year 2032 is valid. However, you can transfer the property by gift deed to your mother or authorize any other person to take care of the property till you are abroad by executing a Special Power of Attorney in the name of that person.

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168 votes

Hello client hru.
The query posted by you regarding your property which you have inherited from your parents by the way of will in which your father have mentioned a clauses that the property which was inherited by you all from your father can not be sold before 2032 as you all are NRI's and you all do not want your property to be lying in India Unattended as your mother is still alive but your mother name is no where mentioned in the will.i can help you out in this matter through the way you can dispose off the property as per your wish .

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