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NOC for giving up share in son's property


10-Aug-2023 (In Documentation Law)
I am from Chennai. 15 days back my brother in law was expired. We are in the process of getting the legal heir certificate. My brother in law & his wife is having a own flat (both the name the flat got registered). And my brother in law is having LIC policy. and his company is going to give insurance amount. My brother in law's parents (both father & mother) they don;t want any share from those items. So whether I have get NOC for all the items separately. 
Answers (2)

Answer #1
580 votes
If there is a proper nominee mentioned in the insurance policy, then the death claim amount shall be setted to the nominee.

For this you dont require NOC from anyone.

As far as the property is concerned, since it was jointly owned property.

The share of your brother in law shall devolve on all his legal heirs which are his wife, children and mother.

In this your BIL's mother has to execute a registered release deed relinquishing her rights in the property in favor of your BIL's wife, then she becomes the absolute owner of the entire flat property.
Answer #2
570 votes
On the demise of a Hindu without a will his property will go to his wife, children and mother. In your case your brother in law was died in died leaving behind his mother has first class legal heir. The entire property will go to your mother in law ( brother in law's mother). You need to get a settlement deed from your mother in law favoring you to get a right over the property. As far as insurance amount is concerned it will come to the nominee entered at the time of enrolling the policy. Pls check the policy document to know about the nominee. You may even get a general power deed from your mother in law for signing and receiving the insured amount.

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