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Jitendra Lal   20 February 2024

transfer of property

After the death of a person, the property purchased from his earnings is transferred in his wife's name after relinquished/ NOC by son and daughter. Now can she transfer this property to her daughter without the consent of her son.


 6 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 February 2024

Yes, why not?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 February 2024

Mother can gift the property  to her through gift deed. A gift deed is an agreement that is used, when a person wishes to gift his property or money to someone else. A moveable or immovable property can be gifted voluntarily using gift deed, from the donor to the donee. A gift deed allows the property owner to gift the property to anyone and avoids any future dispute arising out of succession or inheritance claims. A registered gift deed is also evidence in itself and unlike in the case of a will, the transfer of property is instant and you will not be required to go to the court of law for execution of gift deed and hence, deed of gift also saves time.

1 Like

Shashi Dhara   20 February 2024

If son relinquished his right in SROto mother then mother has right to dispose it as per her wishes.

1 Like

T. Kalaiselvan, Advocate (Advocate)     20 February 2024

Upon acquiring the entire property by the mother  the virtue of inheritance and registered release deed, she becomes the absolute owner of the entire property with clear and marketable title and interest in the property.

Thus she can transfer her own property to anyone of her choice in any manner including sale or gift deed.

She doesn't have to obtain a consent from anyone to proceed with her desired proposal.

1 Like

Jitendra Lal   20 February 2024

Thanks a lot

T. Kalaiselvan, Advocate (Advocate)     20 February 2024

You are welcome for your appreciations. 

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