There is a presumption that when one person transfers title to property gratuitously into the name of another (including into a
joint tenancy) the transfer is not a gift, but the person receiving an interest in the title gratuitously, holds the title in trust (known as a resulting trust) for the transferor during her lifetime, and for her estate
after death.
Further, the subsequent arrangements
after the transfer into
joint tenancy between her son and daughter - in - law with respect to the property did not have the effect of severing the
joint tenancy and creating a
tenancy in common.