My wife passed away in 2001. We have a son, who is now 35. She inherited a small piece of land from her father in Gangnapur village, Nadia district, West Bengal. I’d like to transfer this land to my sister-in-law, my wife’s younger sister. Does my son have any claim to this property, or can I decide to sell, donate, or transfer it on my own? If my son doesn’t have any claim, can he issue a No Objection Certificate (NOC) so I can sell the property? And if I have the NOC from my son, can I also appoint someone as a Power of Attorney (POA) to handle the sale?

Apni Law
Apni Law
Law Forum › Category: Property › My wife passed away in 2001. We have a son, who is now 35. She inherited a small piece of land from her father in Gangnapur village, Nadia district, West Bengal. I’d like to transfer this land to my sister-in-law, my wife’s younger sister. Does my son have any claim to this property, or can I decide to sell, donate, or transfer it on my own? If my son doesn’t have any claim, can he issue a No Objection Certificate (NOC) so I can sell the property? And if I have the NOC from my son, can I also appoint someone as a Power of Attorney (POA) to handle the sale?
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Apni Law Staff asked 3 years ago

My wife passed away in 2001. We have a son, who is now 35. She inherited a small piece of land from her father in Gangnapur village, Nadia district, West Bengal. I’d like to transfer this land to my sister-in-law, my wife’s younger sister. Does my son have any claim to this property, or can I decide to sell, donate, or transfer it on my own? If my son doesn’t have any claim, can he issue a No Objection Certificate (NOC) so I can sell the property? And if I have the NOC from my son, can I also appoint someone as a Power of Attorney (POA) to handle the sale?

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Best Answer

Apni Law Staff answered 3 years ago

Your son, as the legal heir of your deceased wife, has a claim to the inherited land. You cannot unilaterally sell, donate, or transfer it without his consent. Your son can issue a No Objection Certificate (NOC) enabling you to sell the property. With the NOC and a Power of Attorney (POA), you can appoint someone to handle the sale.

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