Can mother transfer fathers property after the death of father

892 votes

your fathers property should be divided in to 3 equal halves between you and your mother and your brother, if your mother wants to give it fully in your brothers name she has to cite a genuine reason for doing so and if your mother does not do such you have every right to file a case of injunction so that the property cannot be sold and also a partition suit for gaining your rights. Still further discussion is needed in detail.

Advocate Aveek Bose LawRato

548 votes

Yes, she can give the property vide a gift deed. The said gift deed must show the proper title about how your father acquired it and how it was transferred to your mother. The gift deed must be correctly drafted by a proper advocate and its mandatory to register it.

Advocate Subhashis Paul LawRato

509 votes

Yes. If your father died without any instruments like will or deed of settlement then your mother became joint owner with you , your brothers or sisters (if any). Now your mother can gifted only her share.
Suppose A(owner of 3kathas of land)died leaving behind him his wife B , and one son Ç and one daughter D without any instruments. According to Hindu Succession act B, C &D became the joint owner of the property. Now his wife inherited undivided ⅓ share of the property. So she can gift anybody the undivided ⅓ share of the property.
Thank you.

Advocate Diptiman Pal LawRato