A widow has received two kata land from the government as part of rehabilitation. She has been staying with her youngest son(till his death) and her youngest daughter-in-law (onwards). Now, she had gifted the land equally to her elder son and the youngest daughter-in-law, one kata land each through a registered gift deed. Now, her elder son also expired, and elder daughter-in-law has taken possession of one kata land and given it to another person for "promoting". Now, the donor who was the original landlord can take the gift back or claim the ownership as she has gifted to her son and not her elder daughter-in-law. Her elder son also has no child as a descendent.
In this case who can actually claim the property?
a) (100% of the property)-Is it the mother (donor) as his son (donee) has no descendent by Section 126 in The Transfer of Property Act, 1882.
b) (50% of the property)- Is the wife of (donee) as legal heir and (50% of the property) by widow mother of the donee as legal heir?
c) (100% of the property) - Is the wife of donee? and mother will not come into the picture as she has gifted it to her son?
Also to mention her elder son and elder daughter-in-law both have not taken any responsibility for the widowed mother from the beginning. Now, the elder daughter-in-law wants to break the old house in which her youngest daughter-in-law and she is living. How can she protect the house from breaking it down?
