Can a mother gift a flat to her son without her daughter's NOC after the father's death?

Regarding a flat held jointly by a husband and wife, property rights following the husband's death depend on the laws of succession and the existence of a will. Let us explore whether the wife can gift the flat to her son without obtaining an NOC from her daughter.

Property Rules News: If a flat is registered in the names of both the husband and wife and the husband passes away, can the wife gift the flat to her son without her daughter's NOC after the title is transferred to her name? The answer to this question depends on property rights and the status of any will.

Equal share between husband and wife

According to standard norms, if a flat is jointly owned by the husband and wife and their respective shares are not specified in the ownership documents, their shares are considered equal. Following the husband's death, the housing society can remove his name from the share certificate and record the wife's name instead.

However, merely being the nominee does not make the wife the sole owner of the flat. A housing society does not have the authority to determine the validity of a will. The role of a nominee is generally to hold the deceased's property or assets in trust for the legal heirs.

What happens if there is a will?

If the husband left a will—even an unregistered one—the subsequent legal procedures must be carried out based on that will. The process may involve obtaining an affidavit of consent from the children. In this affidavit, the children confirm that their father left a valid will and that they have no objection to the will or the process of its execution.

Once the will is processed, the wife must register a transfer deed at the Sub-Registrar's office. Following this, she can become the sole owner of the flat. Once full ownership is vested in her, she is free to decide whether to sell the flat or gift it to someone else.

Is the daughter's NOC necessary? If the wife becomes the sole owner of the flat after completing the legal formalities, she can execute a gift deed in favor of her son. In such a scenario, a No Objection Certificate (NOC) from the daughter would not be required; the mother can gift the flat to her son regardless of whether the daughter lives abroad or has not provided an NOC.

Changes to the law regarding wills are set to take effect in December 2025, removing the previous requirement that made court validation mandatory. However, voluntarily obtaining court approval for a will is still considered advisable. This validates the will and provides legal support should any disputes regarding the property arise in the future.