Now Reading: Madras High Court rules father’s gift to daughter not joint family property
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Madras High Court rules father’s gift to daughter not joint family property
Madras High Court rules father’s gift to daughter not joint family property
The Madras High Court has ruled that a father gifting property to his minor daughter in a matrimonial settlement cannot be treated as joint family property unless proved to have been purchased…
The Story in Brief
The Madras High Court has ruled that a father gifting property to his minor daughter in a matrimonial settlement cannot be treated as joint family property unless proved to have been purchased from joint family funds. A Division Bench dismissed appeals from S Duraimanickam and his brother SDS Selvam, who claimed the 1989 property was bought from joint family nucleus.
The court noted Duraimanickam had personal income from employment and his father, former minister S.D. Somasundaram, had not filed income tax returns. The bench also held that Duraimanickam could not challenge his own 2002 gift deed decades later under the Limitation Act. The court confirmed Ilavarasi as absolute owner and directed her father to hand over possession.
The Indian Opinion
The court's reliance on evidence of personal income and lack of tax returns from the father's estate shows the importance of proving joint family nucleus. Lazy narratives that paint all property disputes as patriarchal exploitation miss the rigorous evidentiary standards the judiciary applies. The real test is whether a gift deed is executed consciously and accepted, with limitation bars preventing late challenges. Will this prompt clearer documentation in matrimonial settlements?
Source: livelaw.in
This story was synthesised by AI from the source linked above.
