Dear All My wife has given NOC of property to her mother name after the death of her father in feb 2020, we have given the noc in sept. 2020 as per the will of her father. father will as follows:- That I abc states that we have three children they all are married and well settled and we do not want to give anything to anyone of them. who soever will survive from both of us the entire estate will be on his or her name. Sir now the question is can my wife can claim her share in the property after given noc stating that we do not have any issue to transfer the entire property on my mother name as per the fater will. Can mother transfer the entire property to her son? Regards
A.Dear Sir,
On submission of NOC mother became absolute owner as such she can give entire property to her son. Immediately get issue a legal notice and get back or cancel the NOC. You may approach local advocate and get suggestion on the contents of Will.
A.Hi,
You, your wife, and your son can gift your daughter the property by... You can create a deed and have it transferred throughout your lifetime. Yes, a woman can put her whole property in her son's name at any moment.
Thank you very much.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You, your wife, and your son can give the property to your daughter by... deed and have it transferred within your lifetime. Yes a mother can transfer her entire properrty in the name of her son at anytime.
Thank you.
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Sidhaarth
Responded 2 years ago
A.In the light of father WILL entire property goes to his wife and NOC of your wife has no value nor the same is required. Your wife is not entitled to any share in the property of her father so she has not right to claim any share in the property of her father. Since it is mother who in terms of WILL inherited property of her husband hence she is absolute owner of property and being absolute owner mother is entitled and has every right to give the property to any person of her choice including her son.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutinize the Will of your wife's father as well as the NOC given by your wife for its scope,meaning and effect. It is necessary to know whether probate has been applied in respect of that Will or not. If the mother becomes the absolute Owner of that property,then she can transfer it in registered manner in favour of any person of her choice so it's necessary on the part of your wife to protect her interest now otherwise her mother after becoming the absolute Owner of that property, will have the right to transfer the entire property to her son and your wife will not be entitled to raise any objection then.
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Share in fathers property after given NOC on mothers name
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