there is no ifs and buts in law...sir before you presume and assume u have to look for the below:-
1. apply for the encumberance as the above learnd advocate said
2. c if it a self acquired property or an ancestoral property
3. if is the said acquired propeerty of ur father then he being the onwer of the properrty he can aleinate, gift, sell, lease,mortgage and if the same is an ancestoral then u have a rt n the property.
4. c if it is transfered in her name o rin ur fathers name
for the property to have been tansefered then the said transfwer has to be mutated in the mutation record.just a deed will not
notr:gift is done with love and affection and not for a consideration.when the person makes a gift the other person shud accept the same. and not with a consideration.