Property share and rights issue

Dear Client,

Here’s a detailed response to your questions based on property and inheritance laws applicable in India:

1. Did Your Father Have the Right to Gift the House to You?
your father had the right to gift the house to you if he was the rightful owner of the property when the gift deed was executed. Since, The property was originally in your mother's name and not ancestral property.
After your mother’s death, the property would have devolved equally among her legal heirs (you, your siblings, and your father) as per Hindu Succession Act, 1956, since she died intestate (without a will).
If your father transferred the property (Khata) entirely to his name without any objection from the heirs, and no partition suit was filed by your siblings, he would likely be considered the rightful owner of the property. Therefore, he could execute a gift deed in your favor. Such a gift deed is valid.

2. If the Gift Deed Is Invalid, Will the Property Be Divided into Four Shares?
If the gift deed is successfully challenged (e.g., on grounds like lack of legal ownership by your father at the time of the deed), the property would revert to being jointly owned by all legal heirs of your mother.
In such a case:
The house will be divided into four equal shares (your mother’s three children and your father’s share).
If your father wished to donate his share entirely to you, his 25% share would go to you under his wish, provided this is legally validated through a will or gift deed (assuming no disputes).
You would then be entitled to 50% of the property (25% as your share of your mother's property + 25% of your father’s share).

3. Can You Claim the Property Under Adverse Possession?
Adverse possession generally applies when someone occupies another's property openly, continuously, and without legal challenge for 12 years or more (as per Section 27 and Article 65 of the Limitation Act, 1963).
In your case:
Your father legally resided in the house as a co-owner after your mother’s death.
Adverse possession would not typically apply, as your father's possession was not adverse to other heirs (your siblings).
Therefore, adverse possession is unlikely to be a valid argument here unless your father openly denied other heirs' rights and they failed to act for over 12 years.

How You Can Proceed

Obtain a copy of the gift deed and validate its legality.
If your father held the property title validly and executed the gift deed in your favor, it should withstand challenges.
Prepare for Challenges:

If your siblings contest the gift deed, gather evidence supporting your father's ownership and his intention to gift the property to you (e.g., family correspondence or witnesses).
Legal Recourse:

If a partition suit is filed, assert your claim based on:
Validity of the gift deed.
Your father’s expressed intention to transfer the property to you.
Evidence of your contributions (if any) toward maintaining the property.

Offer a settlement to your siblings if they demand a share, provided it does not compromise your rightful ownership.


Regards

Dear Madam,
Rightly or wrongly gift deed was executed in your name as such you are the owner. Just sell it away or mortgage it and make more complicated otherwise Civil Court may restrain you from transferring the property if any of your sibling approach Civil Court.

Dear Client,
A property bought by a person in the name of any family member having no independent source of income is considered a property of the family and all the legal heirs are entitled to an equal share in the said property once the registered owner passes away leaving the property intestate, i.e, without any Will. When a property is registered in favour of a person through a deed of conveyance, he or she becomes the registered owner of the said property regardless of the fact behind the funding of the property. Recently the Hon'ble Allahabad High Court in the case of Saurabh Gupta v. Archna Gupta and 2 Others (Neutral Citation: 2024:AHC-LKO:13664) held that a property purchased by a Hindu husband in the name of his homemaker wife having no independent source of income, can be presumed to be the property of the family. So, when a registered owner of a family property passes away intestate, the surviving family members can raise a claim for their share in the said property. Your father being a legal heir of the said property cannot transfer the entire property in the name of one legal heir depriving the other legal heirs who are entitled to an equal share in the said property following the law of inheritance/succession. Article 65 of the Limitation Act, 1963 does not apply to this case so far as the year(2022) of registration of the gift deed i.e., the cause of action is concerned.