transfer of property
vibhu
(Querist) 20 August 2015
This query is : Resolved
Gud mrng experts. I want to say that father has been expired and he has his earned property. I want to know is wife has right to will for transfer this property to anyone. Second i want to know do this property can directly transfer to anyone? At present there is no will of my grandfather written by him.
Rudrawar Narayanreddy
(Expert) 20 August 2015
Giving NOC will not affect thier rights. They will have equal rights. Mutation in the name of the mother is nominal and it does not effect rights of sharers. She cannot transfer the property to grandsons.
Chattopadhyay Arghya
(Expert) 21 August 2015
what do you mean by no objection or NOC to give 100% share? There is nothing in law like NOC to give land property share . Mutation in the name of mother only is illegal when co-sharers exist,and no consent or NOC can validate an illegality to be held legal. Mutation is the procedure for correction of government record of rights over land property in favour of present owner or owners. co-owners will be recorded by name . Besides giving share to mother is exclusive right and power vested with the co-owners, and if NOC means that they have no objection to transfer the property , then a gift deed will finish the process. after this your grandmother can transfer in lifetime, as Hindu may execute gift to be effected after death(unlike will it does not require probate)it or leave an enveloped will at the office of registrar after processing the same.
Kumar Doab
(Expert) 21 August 2015
Fully agreed with Experts.
First of all visit the local revenue office and submit the death certificate/legal heir certificate (from Tehsildar or other authority as applicable at your location) and the names of all ClassI Legal heirs shall be entered in mutation records.............and make them equal to owners.
Thereafter anyone can relinquish the rights/gift/sell in favor the lady by a registered deed.Once the Lady becomes sole owner she can gift/sell/WILL in favor of anyone.
