ET Wealth Reader’s Query: I own a 2-BHK flat and my wife is a joint owner. We have two children, who are settled abroad. After my death, the housing society will transfer the flat to my wife, based on nomination and my will (unregistered). After the transfer, can she sell the flat without a no objection certificate (NOC) from our children? If she doesn’t sell it, can she transfer it to our son via a gift deed without an NOC from our daughter?
These are a set of queries raised by ET Wealth readers, which have been answered by our panel of experts.
I own a 2-BHK flat and my wife is a joint owner. We have two children, who are settled abroad. After my death, the housing society will transfer the flat to my wife, based on nomination and my will (unregistered). After the transfer, can she sell the flat without a no objection certificate (NOC) from our children? If she doesn’t sell it, can she transfer it to our son via a gift deed without an NOC from our daughter?
Rajat Dutta Founder & Initiator, Inheritance Needs Services: As the flat is jointly owned by you and your wife, it will be presumed to be owned in equal proportion unless the ownership ratio is specifically mentioned in the sale deed or agreement of sale. On your death, the managing committee will act based on the nomination form. The managing committee will delete your name on the share certificate and include the name of your wife as a nominee.
The society has no judicial or quasi-judicial authority to act on the basis of the will as it is not competent to determine the authenticity of the will. Nominees are only custodians representing the heirs and beneficiaries of the deceased owner. With a valid will, though unregistered, a probate will be carried out, which will require consent affidavits to be signed by your children, mentioning that their father left behind a valid will, to which they have no objection and that they agree to the probate process.
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On the basis of the probate order, your wife would need to register a transfer deed in the sub-registrar’s office and become the sole owner. As a sole owner, she can sell/gift the flat without needing any NOC.
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My husband and I are the joint owners of a 3BHK flat in a housing society. After our lifetime, we would like our two daughters to become joint owners of the property. We intend to execute a will to this effect and have it registered through an advocate. My question is: Will our daughters be required to obtain probate of the will to inherit the property? I understand probate is no longer mandatory from December 2025? Is that correct?
Rajat Dutta Founder & Initiator, Inheritance Needs Services: The Repealing and Amending Bill, 2025, scrapped the discriminatory requirement for probate under Section 213 of the Indian Succession Act. Operational implementation, however, rests with the Office of the Registrar of Assurances, who needs to be satisfied about the will’s genuineness before registering the Transfer Deed in favour of your daughters in equal proportion, as stipulated in the will.
The risks associated with testamentary transfers will continue because the will’s authenticity is not formally established through judicial scrutiny by a competent court. Obtaining voluntary probate is considered a safer option because it provides judicial confirmation of the will’s validity. This serves as a robust defence against potential future disputes, offers legal certainty to the beneficiaries, and ensures due compliance when dealing with future tax queries.
Our panel of experts will answer questions related to any aspect of personal finance. If you have a query, mail it to us right away. Email ID: etwealth@timesgroup.com
(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)
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