quesDoes son have share in late mother's property or only husband has?

My wife expired in 2000.we have only child,son,aged 37 now.She got a small land of her late fathers at Village Gangnapur,dist Nadia,west Bengal by family division.I wish to transfer it in the name of my sister in-law i,e my wife's younger sister.Is my son also have any right or I am the sole authority to sale/donate/transfer power to my sister in law. If not,can My son issue a NOC (No Objection Certificate ) in my favor to sale his late mother's land property ? having received noc from my son can I too issue POA in favor of some one ? 

  • ans

    After the death of your wife,if she died without then the property will devolve to your son. So even he gives you no objection you cannot transfer or sell the property. However he can issue POA in your favour and in the said POA a clause explicitly state he gives authority to sell the property and collect the money.

     

  • ansAfter the death of your wife,if she died without then the property will devolve to your son. So even he gives you no objection you cannot transfer or sell the property. However he can issue POA in your favour and in the said POA a clause explicitly state he gives authority to sell the property and collect the money.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansyou and your son have the rights to transfer the property to the sister in law,first you have to get trasnferred in your names and then by way of gift deed you can gift the same to your sister in law.Noc is of no use ,you both can appoint a poa TO EXCUTE THE gift deed.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

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