1. A Gift deed can be revoked by the mutual consent of the Person who makes the Gift and by the Person who receives the Gift.
2. However if it can be medically proved that the Person who makes a Gift, is of unsound mind or is not fit mentally or that Gift has been made under coercion, then the Gift deed is invalid, even if the gift deed is registered or whatever.
3. Similarly, if the "Gift receiver", is of unsound mind or is not fit mentally, then Gift deed CAN BE REVOKED BY THE GIFT MAKER.
4. The maker of the Gift Deed, DOES NOT REQUIRE ANYBODY'S PERMISSION OR CONSENT TO MAKE A GIFT DEED.
5. IF a Gift maker has made a Gift of a property (movable or immovable) which is not rightly his under the Law, then the Gift Deed is "Illegal & Invalid" and cannot be enforced under the Law of our land, BUT can be enforced by the gangster "D" company.
6. A registered Gift deed made and "executed during the life time" of the Gift maker over-rides everything that may be written in the Will of the Gift maker, concerning that piece of property (gift) which may be mentioned in his will. The Will becomes null & void to the specific extent of that particular part of the will, wherein the already gifted property is mentioned.
7. "IF" the mother has received property from her husband (your father) via a will and the property has been duly executed in her name, during her life-time, THEN THE MOTHER BECOMES THE RIGHTFUL OWNER of that will'ed property. Now nothing can change that and the remainent legal heir cannot have any claim whatsoever on that property. The mother legally and rightfully can gift / donate / destroy / spend away etc.... her own share of the property received by her, as will'ed by her husband.
8. HOWEVER, if the mother has gifted away her husband's share (since now she is termed as 50% joint owner) in the total property. THEN such gifting of the Husbands share (remaining 50% joint owner of father property) "CANNOT" be done under any circumstances and would render the entire Gift deed as null and void. The mother (being a joint owner) DOES NOT automatically become the rightful owner of the husbands(father) 50% share of the joint property, THAT IS IF THERE ARE OTHER LEGAL HEIR IN WAITING.
9. You would have to apply for a succession certificate or a Letter of Administration (as the case may be) before the Civil Courts and claim the 50% of your father property, in lieu of your legal rights under the HSAct. Thus effectively nullifying the entire Gift deed.
10. FURTHER, If you can "documentarily" prove that the Father had purchased the said property out his 100% own rightful money (thus giving him 100% rightful ownership) AND THAT HE HAD PUT HIS WIFE'S (your mother) NAME ONLY FOR "SECURITY & CONVIENCE" SAKE -OR- ONLY OUT OF LOVE & AFFECTION in the property purchase agreement, then under the law the 100% rightful owner of the said property IS "ONLY & ONLY" THE HUSBAND and the wife is "NOT" entitled to "ANY" rightful rights, "whatsoever" over the said property and hence cannot make any Gift out of such property.
THUS AGAIN "EFFECTIVELY" MAKING THE SAID "GIFT DEED" AS "NULL & VOID", in the eyes of law. However for this you have to litigate in the Civil Courts, with appropriate evidences and documents and obtain a succession certificate or a letter of administration.
Anything else to understand, THEN you need to accumulate all the documents and sit with a legal counseler in person, all this before the Time Limit passes away.
Keep Smiling .... Hemant Agarwal