Does 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 ? 

Answers (3)


163 votes

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.

324 votes

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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

63 votes

you 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.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles