New Delhi |
In a landmark ruling, the Supreme Court of India has settled a 30-year-long property dispute between a brother and sister, siding with the daughter and offering key legal clarity on the difference between a gift and a will.
The case stemmed from a document executed in 1985 by the siblings’ late father, who gifted his property to his daughter, stating she would take possession after his and his wife’s death.
However, things turned in 1993 when the father cancelled the original gift deed and issued a sale deed in favour of his son. The father passed away in 1995 without leaving a will. The daughter challenged this move, claiming the 1985 document was a gift that couldn’t be revoked unilaterally. The brother argued it was a will, which can be changed anytime before death.
A Timeline of the Legal Journey:
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1994: Daughter files a case in Cherthala trial court, Kerala.
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2001 & 2003: Trial and Fast Track Courts rule in brother’s favour.
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2004: Daughter appeals in Kerala High Court.
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2019: High Court overturns earlier judgments, rules in daughter’s favour.
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2025: Supreme Court upholds the High Court’s decision.
SC’s Clarification: What Counts as a Gift?
The top court ruled that the 1985 document was a gift by settlement, meaning it had legal effect immediately, even though the daughter would take possession only later. Once accepted, the gift was irrevocable under Section 122 of the Transfer of Property Act, 1882.
Key takeaway:
“The name of the document doesn’t matter—what matters is whether ownership was transferred during the lifetime of the giver.”
The court firmly stated that once a gift is accepted, it cannot be cancelled by the giver without court intervention.
Why This Case Matters
This ruling not only settles the property dispute in favour of the daughter but also offers a critical precedent on property rights, especially for women. It underscores the importance of understanding legal documents—what looks like a will might be a binding gift deed.
Legal expert Haaris Fazili summed it up:
“Once a gift is accepted, it becomes irrevocable. Any unilateral cancellation is legally invalid.”
