1 Answer
Dear Client,
In order to determine the legitimacy of the gift deed and your rights thereafter, it is imperative to ascertain how your mother acquired absolute ownership of the house that was constructed by your father. If your father died intestate and the house was his self-acquired property, then according to Section 8 of the Hindu Succession Act, 1956, the property will be transferred to all Class I heirs, which include you, your mother, and your brother. In this case, your mother will only be able to gift her own share in the property, and as such, you would still have a claim in the property. However, if your father had made a valid Will under which he had transferred his property in full to your mother, then for the purposes of Section 122 of the Transfer of Property Act, 1882, the whole property would belong to your mother and she would solely be in a position to gift it to your brother. In that case, your brother would have unqualified ownership rights over the property, and thus, he would be entitled to mortgage it. With a view to ascertaining your legal position, it is advisable to check the original title documents. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you