Gift deeded property.

Your mother is entitled to a share with all her children and she is not having any exclusive rights to gift to someone she likes as she is not an absolute owner but only a co-sharer.  So you may contact a local advocate and issue notice seeking the share for which you are legally entitled.  Even if your brother gets such a deed it is not legally valid and can be challenged.  However, you can not prevent your mother in gifting her share to your brother who is looking after her, while you are staying abroad and leading a comfortable life.

Thank you for the reply.  My mother lives on her own alone in the property that is joint and I have been looking after her financially. My bother has never looked after my parents ever, but he is now forcing her to sign. So if she signs can the deed be challenged? 

In India, the litigation process takes decades, and in this case, if he obtains any such deeds (including will) signed by your mother, may have to be challenged in a court of law through a declaration suit.  If possible try to settle things during her lifetime without entering into litigation..   You can ask common friends and nearest relatives for negotiation.

Originally posted by : Laxmi Chhetri
	Thank you for the reply.  My mother lives on her own alone in the property that is joint and I have been looking after her financially. My bother has never looked after my parents ever, but he is now forcing her to sign. So if she signs can the deed be challenged?

If the property is in your mothers name and she gits it to anyone then you are not going to get anything from that.It is better to prevail upon your mother and ask her to give you the share in property

Thank you for the reply. 

"My bother and mother were gift deeded my fathers property years back." Had your father gifted his entire leaving no property intestate?

 

Mother and brother were "gift deeded". what exactly it means? It is safe to presume that your father gifted the property by way of a Deed.

1. Whether such Gift Deed is Registered or simply written on white paper. In case the Gift Deed is not registered, it is not valid.
2. What is the date of the Gift Deed? 
3. When your father gifted the property to your Brother (presumed Elder Brother) and to your Mother, what was your age?
4. Did you not protest with your Father that property is given only to your brother and mother and nothing to you?
5. When your father expired?
6. The property gifted is your father's self-acquired property or ancestral property he inherited from his father? or through family settlement?
7. Whether your father left any will before his death about the property other than that was gifted to your brother and mother and duly mentioning about the Gift deed therein?

With the simple facts mentioned by you, it is difficult to give an opinion. It is better, you contact a local Lawyer with available documents like a copy of the Gift Deed at least that of your Mother, Property documents, etc., and full facts for the future course of action to get you to share.