Dear All My wife has given property NOC to her mother name after the death of her father in Feb 2020, My wife has given NOC for both Self acquired as well as paternal property.Before the death of my father in law has made a will in 2015 that (we have three children and all are well settled and we would not like to give anything to anyone of them, from both of us who will survive the entire estate will be on his or her name). NOC given by all children that as per father will we do not have any objetion if the total property on our mother name.and they get this registered with registrar office. Now the question is that mother would like to transferall the property to her son as making him nominee everywhere, and also listened that she will transfer the entire proprty yo him, How my wife can claim her share in the property.
A.Hi,
The NOC is not of importance since it was issued by your wife only for the transfer of property from her father's name to her mother's name. Now since the mother has absolute rights over the property, it is her decision on whom she would transfer the property. Making the son a nominee would merely mean that he is the custodian of the assets. He is not a legal owner but an individual who is legally bound to transfer the assets to the legal heirs. Thus, unless the mother transfers the property to the son before death, your wife can claim her share once the mother ceases to exist.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As the property is now in your mother in law's name so she can transfer the same in registered manner to any person of her choice but if your mother in law makes her son as nominee only,then after her death without having Will, your wife can claim her share in that property because Nominee is mere custodian of property so mere nomination cannot be the conclusive ownership.
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Share in fathers property after given NOC on mothers name
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