Daughter Gets Father’s Property After 30-Year Fight: SC Clarifies Gift Vs Will
Daughter Gets Father’s Property After 30-Year Fight: SC Clarifies Gift Vs Will
After a 30-year legal battle, the Supreme Court of India ruled in favour of a woman in a property dispute against her brother. The case revolved around a document their late father executed in 1985. He had gifted his property to his daughter, stating she would get possession after his and his wife’s death.
The father passed away in 1995 without leaving a will. However, in 1993, he cancelled the 1985 gift deed and created a sale deed, transferring the property to his son. The daughter challenged this in court, saying the original deed was a “gift” and couldn’t be cancelled unilaterally. The brother claimed it was a “will” and therefore revocable.
The sister filed a case in 1994 at a trial court in Cherthala, Kerala. The trial court ruled in the brother’s favour in 2001. The Alappuzha Fast Track Court upheld this in 2003. In 2004, she moved the Kerala High Court. In 2019, the High Court reversed the earlier rulings and ruled in her favour. The brother then appealed in the Supreme Court. The Supreme Court clarified the difference between a gift, a settlement, and a will. A key point was whether the father transferred ownership while alive (in presenti) or only after his death.
The SC said that in this case, the document was a *gift by settlement*. It had immediate legal effect, even though the possession was delayed. Since the daughter accepted the gift, it became irrevocable. The father had no right to cancel it without court approval.
The SC cited Section 122 of the Transfer of Property Act, 1882. It said a gift is a voluntary transfer, without any consideration. In contrast, a settlement involves mutual understanding and consideration. A will only takes effect after the death of the testator.
The court explained that the *name* of the document doesn’t matter. Its *content and intent* do. Even if possession is delayed, if the ownership is transferred in the present, it’s not a will.
The Supreme Court upheld the Kerala High Court’s decision. It dismissed the brother’s appeal, confirming the property belongs to the sister.
Legal expert Haaris Fazili said, “Once a gift is accepted, it becomes irrevocable. Any unilateral cancellation is invalid.”
