• Property rights

Husband dies without a will. The property is not ancestral. Wife has one son. The property was then transferred and registered in the wife’s name and the son signed a no objection certificate to the transfer. They are Hindus. So now property is inherited from the husband and now registered in the wife’s name only after son has given NOC. Now can the wife sell the property without sons consent and does the son have any rights on the proceeds of the property. Son claims under the hindu act he has right to half of all the proceeds
Asked 1 year ago in Property Law
Religion: Hindu

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16 Answers

1)son has merely given NOC 

 

2) he has not executed any registered gift deed or relinquishment deed 

 

3) son consent would be necessary and he has equal share in sale proceeds 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

If son by way of NOC has not given up or relinquished his right in the property then being one of class- 1 legal heir, son is entitled to equal share in the property and sale proceed along with mother. But if son has relinquished his right in favour of mother then son has no right to claim equal share in the property and sale proceed. Contents of NOC is required to be looked into. 

Siddharth Srivastava
Advocate, Delhi
1283 Answers

If the son has executed and registered a deed of relinquishment in favour of his mother, he has no further claim on the property. The mother need not obtain any further consent from him, and can deal with the property in any manner she deems fit. She need not share the sale proceeds with her son. However, if she wishes she can do so.

Swaminathan Neelakantan
Advocate, Coimbatore
2887 Answers
20 Consultations

1. On the intestate death of the husband, the property would devolve equally to his mother(if alive), wife and children.

2.  In the instant case, only the wife and her only son succeed to the estate of the deceased movable and immovable properties equally in 50% each share.

3.  If the son has given only NOC to enable his mother's name in the official records of the BBMP/Corporation/Revenue Office, the wife can't sell the entire property. However, if the son has executed a registered Release/ Relinquishment Deed in the jurisdictional Sub Registrar's Office relinquishing his share in the property in favour of his mother,  then son's consent is not required for the wife to sell the property and the proceeds can be kept singularly by wife herself without sharing with her son.

4.  Son has equal right on the deceased father's property alongwith his mother.  However if he has executed a registered Release/Relinquishment Deed in favour of his mother, he loses his right over the property.

Shashidhar S. Sastry
Advocate, Bangalore
5323 Answers
327 Consultations

The NOC obtained from son is not a legally valid document to make the wife of the deceased as an absolute owner of the property.

You said that the property was transferred and registered on the name of his wife subsequent to the NOV, in that case who executed the registered transfer deed in her favor because the properties left behind by the deceased owner upon his intestate shall stand automatically transferred to his legal heirs/successors in interest.

Hence there is no procedure to execute the registered transfer deed, the revenue records transferred to their names alone shall be sufficient to prove their possession and enjoyment  

The unregistered NOC given by the son in favor of his mother is not valid, therefore his rights in the property for his rightful share is in tact.

His demand for his share in the proeprty is legally valid and maintainable.

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

son consent is necessary for sale of property as he has equal share in said property 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

On adoption adopted son become a son and is vested eith all rights and privileges which a natural son has. 

Siddharth Srivastava
Advocate, Delhi
1283 Answers

The khata transferred to her name also is not a legally valid title to her.

Khata is not a legally valid title document.

The son is a legally adopted son, that means he has full rights over his adoptive parents' properties to that of the biological son.

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

If the NOC is only for Khata transfer, the legally adopted son still will have fifty percent share in the property and without his consent and signature the property can't be sold by his adopted mother.

Shashidhar S. Sastry
Advocate, Bangalore
5323 Answers
327 Consultations

Since the NOC was only for khata transfer and the adopted son has not relinquished his stage in the property in favor of her mother, he still has half of the stake in the property and thus, the mother cannot sell the property alone.

 

The fact that he's adopted makes no difference. 

Vibhanshu Srivastava
Advocate, Lucknow
9638 Answers
305 Consultations

- As per law, after the demise of her husband intestate , the property would be devolved upon all his legal heirs i.e. wife and the said son will have equal right over the property. 

- Further, the son can release his share in the property in favor of mother after executing a registered relinquishment deed to make mother as single owner of the property. 

- If the son has not released his share in favor of mother by way of NOC/Deed , then he can claim his share in future. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

Hello 

 

Since it is self acquired property of the Husband, he has sole rights to do anything pertains to the property irrespective of the NOC given by Son or not. 

Vani Krishnappa
Advocate, Bangalore
4 Answers

As said earlier if the son has executed a deed of relinquishment, he has no rights. If he has given an NOC for a mere khata transfer, the mother cannot sell the property without his consent. A legally adopted son too has inheritance rights.

Swaminathan Neelakantan
Advocate, Coimbatore
2887 Answers
20 Consultations

Consent has no value. either son also sign sale deed as seller or execute register relinquishment deed in favor of mother. 

Yogendra Singh Rajawat
Advocate, Jaipur
22944 Answers
31 Consultations

If son was minor then his noc is invalid. Generally the court’s permission is needed in such conditions. Wife can’t sell him she has already taken consideration of said property 

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

Dear Client,

If the son, through a No Objection Certificate (NOC), has not waived or relinquished his rights in the property, he remains one of the class-1 legal heirs and is entitled to an equal share in the property and sale proceeds along with his mother. However, if the son has willingly given up his rights in favor of his mother, then he cannot claim an equal share in the property or the sale proceeds. The specific contents of the NOC should be examined to determine the extent of his rights.

Upon adoption, the adopted son becomes legally recognized as a natural son and inherits all the rights and privileges that a natural son would have.

 

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

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