She can file suit to set aside gift deed and claim share on the property 

seek injunction restraining step brother from selling the property 

If it was his father's property then upon inheritance it becomes his own and self acquired property.

In that case the transfer of property by registered gift deed to the person of his choice is legally valid and cannot be challenged.

In that case any case filed seeking share by the children of second wife may not maintainable.

Dear Client, if the property in question was ancestral, your late father was only a coparcener and not the absolute owner of it, meaning he could not have gifted or transferred the entire ancestral property to his 1st wife’s son without the consent of other coparceners (including the daughter from the 2nd wife). Under Hindu Succession Law, ancestral property rights flow by birth, and every coparcener (including daughters) has an equal share by birth. Therefore, if it can be legally established that the property was truly ancestral, the gift or transfer made by your father is valid only to the extent of his own share, and the remaining property can still be claimed by the 2nd wife’s daughter as her rightful coparcenary share. However, if the property was self-acquired (i.e., purchased or earned by your father), then he had full rights to gift it to anyone during his lifetime, and the 2nd wife’s daughter cannot claim any share in it. The key determination thus depends on whether the property was ancestral or self-acquired, supported by documentary and succession evidence. I hope this answer helps. For any more queries, do not hesitate to contact us.

Yes she can only if the share gifted earlier has her share in it.

1. Ancestral property is defined as the property title of which has not been transferred for 4 generations by sale, partition, gift etc. i.e. it stands in the name of the great grand father. 

2. The great grand child has share on such ancestral property standing in the name of great grand father. 

Depends on nature of succession.  

as per facts stated by you Father is dead 

he cannot take back the property on his demise 

Acquired through which mode ?

Will or Intestate ?

You have mentioned that the father is dead now, in that case what is the possibility for the dead person to take back the property which he transferred during his lifetime?

If he got the property transferred by his father to him by any registered deed then it becomes his self acquired and not an ancestral property anymore.

For anymore proper opinion you may have to furnish more details to describe that how did you presume it as ancestral property.

If it is not a conditional gift deed then it can not be cancelled as per law.

If he has legally got the property from his father, then it is not called an ancestral property but self acquired property.

Unless it is a conditional gift the said gift deed can not be cancelled.

No unless language of gift deed permits 

It is still ancestral property 

Father can approach senior citizen tribunal to set aside the gift deed if son fails to take care of father 

If father had transferred the property by an unconditional registered gift deed then he cannot revoke the same.

Once it’s gifted to you with a legal gift deed it becomes self acquired in your hands 

In Hindu it’s equally shared amongst wife and children 

Wife is only one of legal heirs 

children have equal share in property 

Father can execute a will for his self acquired property during his lifetime 

he cab bequeath his property absolutely to his wife 

If the father gifted the ancestral property during his lifetime to his son (from the first marriage), that transfer is legally valid provided:

• the gift deed was registered,

• the property was in the father’s name, and

• it was executed voluntarily without coercion or fraud.

Once such a gift deed is registered, the ownership immediately transfers to the donee (the son). The father cannot later revoke or “take back” the gifted property unless the deed itself contained an express clause allowing for revocation under specific conditions (which is rare). So, if the gift was absolute, it cannot be reversed after execution.

If the property was ancestral, then the father only had rights over his own share in it. He could gift or transfer only that portion. If he transferred the entire property, the other coparceners (such as children from both marriages) can challenge the transfer, but only if they can prove it was ancestral and not self-acquired.

Now, regarding the nature of the property:
Once the ancestral property is divided or partitioned and a specific portion is allotted to the father, that share becomes his self-acquired property. In that case, he can gift or will it to anyone he wishes, including only one child. So the property in the son’s name now becomes self-acquired property of the son — not ancestral.

If the father were still alive today, he could not legally take back the gifted property unless the gift deed specifically provided for revocation rights. The law considers a valid registered gift as final and irrevocable.

As for the rest of the father’s properties — after his death, his self-acquired property (and any property left in his name) does not automatically go to his wife alone. It is distributed equally among all his Class I legal heirs under the Hindu Succession Act, 1956:

• the widow,

• sons, and

• daughters (from both marriages, if any).

So the wife is entitled to an equal share along with each child.

If you wish to ensure that, after the father’s death, the property remains solely with the wife and children cannot claim their shares, the only way to achieve that is through a valid will executed during the father’s lifetime. A will can specify that all or specific properties are bequeathed solely to the wife. Once the will is registered, it holds strong legal force and prevents automatic equal distribution under intestate succession.

To summarize clearly:

• A registered gift deed cannot be revoked unless it has a revocation clause.

• A daughter from the second marriage cannot claim share in property already gifted away.

• Once a person receives property through a valid gift, it becomes his self-acquired property.

• After the father’s death, his remaining property is divided equally among wife and children unless there is a valid will.

• To ensure property stays with the wife, a registered will or lifetime transfer (gift or settlement deed) in her favor is the safest legal option.

Upon intestate death, the properties left behind by the deceased shall devolve equally on his own legal heirs, to which the wife is one of the legal heirs  and she will be entitled to a share at par with other class I legal heirs. 

If the children are entitled to a share in the property of their father, you cannot deprive their rights over the property.

If it’s self acquired property then you can make a will or gift deed in that proportion you want and exclude heirs you don’t want to give the share but in ancestral you can’t do the same

Equal Share of all.

Father to execute Will in favor of wife and cancel gift deed. 

- If that property was purchased by your father , then he was having his right to transfer the same to the said son without taking others consent, and none having right to claim.

- Further, if father is alive then he can cancel the gift deed after filing a case before the Court. 

- Further, after the demise , all the legal heirs including the children of both the wife including the alive wife have equal share..

Father is at liberty to execute gift deed  during his lifetime 

you can file suit to set aside gift deed but chances of success are bleak 

The father has full rights to dispose his self acquired property in the manner he may desire.

Therefore the property he transferred to his son of first wife is valid and cannot be challenged by anyone after his death.

If any other person is challenging, it will not be maintainable or tenable in law.

No as it’s self acquired Property there can’t be any claim 

- Since, the father has gifted his self acquired property to 1st wife son , then there is no right to claim . 

No

A.

Once the father inherited ancestral property and partition took place, it became his self-acquired property. Hence, he had full rights to gift or transfer it to anyone, including his son from the first wife.

B. 

If the gift deed was validly executed, registered, and accepted, the transfer is irrevocable. The father cannot take it back later unless the deed was obtained by fraud, coercion, or undue influence, which must be proven in court.

C.

Since it was father’s self-acquired property, the 2nd wife’s daughter cannot claim any share in that gifted property after his death.

D. 

He could not revoke a valid gift unless the gift deed included a revocation clause (rare).

Any remaining property (ancestral or self-acquired) in his name will be equally inherited by his legal heirs ; wife and all children (from both marriages). It doesn’t automatically go to the wife alone.

During his lifetime, the father could have made a registered Will or gift deed in her favor. After his death, such changes are not possible.

They cannot claim on property gifted before death (valid gift), but they can claim equal share in the remaining property left intestate.

The property of the deceased father will be equally inherited by his wife, mother (if she is still alive) & all his children.

1. The property belongs to the father who is authorised to gift it to any body he feels like for which you need not correct his wish.

2. However, you can challenge the said gift deed alleging that it has been acquired forcibly and illegally and file a suit alleging the same.

The 2nd wife's children can file a declaratory suit praying for a declaration that the said gift deed has been obtained by the 1st wife's son by manipulating, coercing and applying force upon the father.

for ancestral property, the property shall be inherited from five generation of the person claiming to be the ancestral property. For example, if a person whose father purchased the property and gifted to his son or after the death of the father he got the property in inheritance this property is not ancestral property.

gifted property can be return to parents if the parents are senior citizen under the welfare and maintenance of the senior citizen Act.