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Can father in law transfer property to mother in law without NOC
28-Jun-2023 (In Property Law)
Dear Sir, I hv a querry that my inlaws has property as a SHOP. My father inlaw has doing the DEGREE in the name of my mother inlaw. in 1988 They have 5 children But there was NO any NOC took from any child for issue this DEGREE. on that time My mother inlaw & father is no more now. In previous year in 2015 my mother inlaw has transfer the property to the name of my brother inlaw & his son half half. She is not taking any NOC from any child. Pls advise, can we challange this DEGREE in Court ???
The question is not very clear as you may not have used the correct legal terms. But the law with respect to succession of property is that in case the property in question was a self acquired property then your father in law could have disposed of the property the way he wanted without getting any sort of NOC from anyone and similarly if the mother in law has inherited the property it is her absolute property and she would be free to dispose it of as she likes. However things would be different if the shop in the hand of the father in law was an ancestral property. in that case it would devolve as per the Hindu Succession Act and your husband may have a right to a share in the property.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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