My father gift dead all our property to my wife without mentioning me and my mother

Dear Client

In case the term "gift deed" means that your father had executed a registered gift deed of the property in favor of your wife, the issue of your or your mother's ability to challenge it mainly depends on ownership of the property and whether the father was competent enough to give a gift.

In case the property in question was the self-acquired property of your father, he would be entitled to dispose of the property as per his wishes and as long as he was competent enough to give a gift, since the legal heirs are not entitled to any birthright in such property.

In case it was an ancestral/coparcenary property where you had some subsisting coparcenary interest, then things would be very different. The right of your father to transfer the whole property may be curtailed, and the nature of the interest that you have should be determined.

You should have possession of the original papers of title, the gift deed and other papers regarding the manner of acquisition of the property by your father. It must also be seen if the gift deed was executed willingly and in a situation where your father was mentally competent. There may be instances where the deed of gift was either beyond your father’s power or was an invalid one.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Dear Client, 

If the property was self-acquired and the gift deed is validly executed, registered, and accepted by your wife in your father’s lifetime, it’s her absolute property, you and your mother have no claim. If it was ancestral/joint family property, he could gift only his own share, and you can claim partition for the rest. You can also challenge the deed for fraud, undue influence, or non-registration (3-year limit under Art. 59, Limitation Act). If care was a condition, your mother could invoke S.23, Senior Citizens Act.

Dear Client,

If your father executed a valid and registered Gift Deed in favour of your wife during his lifetime, the property may have legally transferred to her subject to the terms and validity of the deed.
His death does not automatically cancel a valid gift already completed during his lifetime.
However, the exact position depends upon whether the Gift Deed was properly executed and registered and whether possession/other legal requirements were satisfied.
If the property was jointly owned or other legal heirs have rights in it, their claims also need to be examined.
Your wife's living separately in Bangalore does not by itself cancel her rights under a valid Gift Deed.
You should obtain the original Gift Deed, your father's title documents, death certificate and current land/property records for verification.
A proper title examination is necessary before confirming whether your wife has rights over the entire property or only the interest covered by the Gift Deed.

You may opt for a one-on-one consultation with our office for verification of the Gift Deed and property documents.

Hope this clarifies your position.

OLQ LAW FIRM

Dear Sir,

You cannot automatically claim the entire property merely because your father has died. The most important document now is the Gift Deed itself.

If you upload the Gift Deed (PDF/photos) and tell me (1) whether it is registered, (2) whether your father was the absolute owner, and (3) whether you have brothers/sisters, I can examine it and tell you specifically whether you have any legal share and whether the property can be recovered from your wife.