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quesTransfering mother's property to wife

My brother claims 30% share in the house of my mother which actually should belong to me. At present my mother is alive and the Property Will is registered in my name. if in writing 30% is given in the share certificate of the house, what kind of problems will i face? 1. Can the house be in my name? Can my wife inherit it 70% after me? Will I need an NOC from my brother for selling the property or transferring to my wife?

  • ansAccording to the facts stated by you it appears, your mother is an absolute owner of the house. She has made a will bequeathing 30% share in said house to you. Please clarify as to what share has been bequeathed to your brother. Your mother can during her life time execute gift deed in your favor. On such gift deed being made, you would be the absolute owner of the said house. The house would be transferred in your name. A will takes effect on death of testator. If she has bequeathed 30% share to you on her death you and other legal beneficiaries under will would become owners of said house. You can transfer your share later to your wife In case the house is in Delhi you may need probate of will. You don't need an NOC from your brother for transfer of share bequeathed to you under will. Consult a local lawyer.

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