After giving noc can i claim my share in property

Anil Sharma (Querist) 05 October 2020 This query is : Resolved
Dear All
My wife has given the NOC to her mother's name after the death of her father in feb 2020, my wife given noc in front of tehsildar in other state by sign and stamp on subject matter written by her paternal side advocate. now we come to know that she is going to transfer all her property to her son.
I would like to know that can my wife still claim her share in that property.
Regards

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Quick Summary

A wife provided a No Objection Certificate (NOC) to her mother regarding a property after her father's death. Now, it appears the property might be transferred to her brother, and the husband is questioning if his wife can still claim her share. Generally, once an NOC is given, especially if it's not conditional and property rights have been relinquished, it can be difficult to reclaim a share. However, the specifics of the NOC and whether it constitutes a formal relinquishment without a registered conveyance are crucial. Consulting a local lawyer with all the full facts is advised.

Rajendra K Goyal (Expert) 05 October 2020
After NOC, it seems the property was transferred in the name of her mother.

Her mother has right to sell / gift / mortgage / bequeath this property in favor of anyone your wife can not object till NOC was conditional.

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Advocate Bhartesh goyal (Expert) 05 October 2020
No,once your wife has relinquished her share/right in the property ,she can not claim later on any right over the property.

kavksatyanarayana (Expert) 05 October 2020
After relinquishment, your wife has no right over the property and hence cannot claim.

Dr J C Vashista (Expert) 06 October 2020
What is NOC for ?
Vague and incomplete facts can not lead to form an opinion and oblige.

Isaac Gabriel (Expert) 06 October 2020
Who is in possession of the prperty? Whether it wad sold out? Consult local lawyer.

Rajendra K Goyal (Expert) 06 October 2020
It would be appropriate to mention full facts for further advice.

A. A. JOSE (Expert) 06 October 2020
How do you know that your wife's mother is going to transfer the entire property to her son and under what document, i.e. whether by way of Will? All facts should come out for a proper consideration and opinion please.

P. Venu (Expert) 06 October 2020
In my understanding, the NOC given does not amount to relinquishment of property in the absence of registered conveyance.

Rajendra K Goyal (Expert) 09 October 2020
Repeated at:

https://www.lawyersclubindia.com/experts/after-giving-noc-can-i-claim-my-share-in-property-723081.asp

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