On son demise intestate his mother , wife and children will be class 1 legal heirs and inherit house and agricultural land 

If the son predeceases his mother, then the property in his name devolves equally to his mother, wife and children.. In case the son was unmarried, the property devolves to his mother.

Once a gift is given, it becomes the property of other and the giver no longer will have any right over it.

So, if the son dies without leaving a will  before the mother than the property will be divided equally among the legal heirs of son. 

The property firstly devolve to class 1 heir which includes widow of son, his children and mother of son. So mother will have right only over a specific share in the said property.

If the mother has transferred her property in favor of her son by a registered gift deed, then it will come into effect from the date of its execution.

It means that the son will become an absolute owner of the property transferred to him by a registered deed, hence in the event of his death, and if he is reported to have died intestate then the properties left behind by him shall automatically devolve equally on all his legal heirs.

In that case his mother being one of the class I legal heirs, shall be entitled to an equal share in his properties.

Mother along with son wife and children 

On demise of mother intestate her 2 daughters will also have a share in property 

will should protect your interest. Better register the will 

Yes the property will be divided as you have mentioned in your example and after mother dies her share will devolve upon her legal heirs which will include her daughters also.

Yes, a notarized will deed is sufficient as section 18 of the India Registration Act says for the non-mandate of the will-deed to be registered.

The son can transfer his property by writing a Will in favor of his wife or in favor of wife and children accordingly during his lifetime or he can even transfer the property by executing a registered conditional settlement deed by retaining the life interest unto him as a condition of the registered settlement deed, if he does not wants to leave the property to devolve equally on all his class i legal heirs after his lifetime.

In case of intestate (without executing WILL) death of the son, his self acquired property gets devolved equally to his mother, wife and children.

In case of intestate death of the mother, then her share in the property gets devolved equally to her husband (if alive) and children.  In the instant case, the property devolves equally to the pre- deceased son's wife and his children (totalling to one share), daughter (one share) and to the other daughter (one share).

In case during the lifetime of son, if he executes WILL, naming only wife and his children as his beneficiaries, it can be done. Registration of WILL is not mandatory but only optional.  Notarized or without notarising the WILL will also be considered as legally valid, subject to other legal conditions met.

Only mother share will inherit in daughters and predeceased`s children.

Duly executed WILL attested by 2 witnesses. 

- If the said gift deed was registered , then the son is the legal owner of the property 

- Further, after the demise of the son intestate , his property would be devolved upon all his legal heirs including mother. 

- Since, he was married , then the property would be equally distributed to his wife, children's and mother only .

Dear Client,

In the present scenario, the property in question is a self-acquired property, consisting of a house and an agricultural land that the mother had gifted to her son. However, the son passed away prior to the mother, raising a question on what is the right of the mother on the gifted property. Taking into consideration the provisions of the Transfer of Property Act, and the Hindu Succession Act, a gift can be understood as a voluntary transfer of property made from one person to another, without involving any consideration. In relevance to the present case, once the property is gifted, the son would have ownership on that property. However, unless specified in the gift deed, the Property does not revert back to the Mother, but the Property would pass on to the son's legal heirs, in accordance to the aforementioned legislations. This would be distributed between the legal heirs as mentioned under the Hindu Succession Act, which includes the Class I heirs as the Mother, Wife and his Children (if any).

Hope you find this answer beneficial for resolving the dispute.

If any person Gifts any movable or immovable property via Gift Deed then person who gets the property and later takes the possession of that property, right of ownership survives and person who gifts that property their rights does not survive. By this way in above case son if dies before mother definately son's legal heirs as per Hindu Succession Act will claim for that property.

But if that son wants to get that property to his wife and son after his death then he can make a will with such content. 

Notary registration is also will do, but It is always better to register Gift Deed before a Registrar as during the probate problems will not be there.

1. Once the property is gifted, the person to whom it is gifted becomes an absolute owner of the property. If he predeceases his mother, his legal heirs would get equal share in the property.

2. Since mother is also one of the legal heir of son, share of such property would also be devolved in her favour in case the so dies. Son's other legal heirs like kids and wife will get a share too.

3. The above two scenario occurs when a person dies intestate i.e. without leaving a will.

4. Son has two options to ensure that the property gets passed to his wife and children:

    a: Execute a will: The wife and children will get the property after the death of the son.

    b: Execute gift deed or sale deed: The wife and children will get the property immediately on execution.

5. Will does not need to be mandatorily registered. Notarisation would also suffice in case of Will. In case of gift deed or sale, deed, registration is mandatory with the concerned sub registrar having jurisdiction.