Dear Nagesh,
Thank you for your query! I am Aadil and I will try to answer your question.
The short answer to your question is YES. She may gift her share of the property without consent from her son.
But first, she must claim her share of the property. Since the husband died intestate and the property is self acquired, both the wife and son have equal share towards the property, as per Hindu Succession Act, 1956. Also as per Section 14 of the same act, the property that is inherited or acquired by any woman is absolutely her own.
In India, to gift an immovable property, a gift deed must be created and registered, which requires showing proof of ownership of the said property, according to Section 123 of the Transfer of Property Act.
Therefore, once she claims her property and files a partition suit to the court, she may get the property partitioned through the partition deed created by the Court. Once this is done and all the titles are under her name, she is free to gift it to anyone she wishes to.
Another thing to note is that once a property is claimed, the partition suit must be filed within twelve years of the day of the claim, as per the Limitation Act 1963.
I hope this helps. Thank you for your time and patience.
Regards,
Aadil
