Transfer of property

Querist : Anonymous (Querist) 11 December 2010 This query is : Resolved
Respected Experts,

My father has got ½ share in ancestral property from my grandfather (who is no more), which had been purchased by grandfather. We two are sons of my father.
My elder brother died couple of months back and my father wants to transfer the above said property to me through relinquishment deed. Soon before my elder brother’s demise, he had given affidavit for having no objection over transferring above said property to me.
Can his widow wife ask for her share in above said property?

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R.Ramachandran (Expert) 11 December 2010
The property being ancestral, the widow of the deceased brother can claim a share (which will be the share share of the elder brother had partition had taken place). His NOC has no value.

Arun Kumar Bhagat (Expert) 11 December 2010
I completely agree with Mr.Ramchandran.

B K Raghavendra Rao (Expert) 11 December 2010
Affidavits and no-objections have no value in transfer of immovable properties as any such document is required to be registered under appropriate deeds. Your brother's NOC is of absolutely no value and his wife is entitled for a share in your grandfather's property.