Kerala High Court Upholds Daughters' Rights in Property Dispute
Disinherited in a Will? A settlement deed can still give son or daughter rights over property
The Economic TimesImage: The Economic Times
On February 23, 2026, the Kerala High Court ruled that a mother can execute a settlement deed granting her daughters rights to family property, despite a joint Will favoring their brothers. The court clarified that a settlement deed, once executed, cannot be unilaterally cancelled, affirming the daughters' claim to the property.
- 01The Kerala High Court ruled that a settlement deed cannot be cancelled unilaterally.
- 02The court differentiated between a joint Will and a joint mutual Will.
- 03The daughters were granted rights to property despite being excluded in the original Will.
- 04A settlement deed operates as a completed transfer of property rights.
- 05Challenging a settlement deed requires proving specific legal grounds.
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On February 23, 2026, the Kerala High Court in India ruled in favor of two daughters who were disinherited in a joint Will executed by their parents. The mother had initially created a settlement deed granting them a share in the family property, despite the Will favoring their brothers. After the father's death, the mother attempted to cancel the settlement deed, claiming fraud by the daughters. However, the court determined that the settlement deed was a separate legal document that could not be unilaterally revoked. The court clarified that a joint Will does not automatically imply mutuality and that the original Will did not prevent the mother from executing a settlement deed. It emphasized that once a settlement deed is executed and accepted, it completes the transfer of property rights, regardless of whether physical possession has changed. The court also outlined the grounds on which a settlement deed could be challenged, such as fraud or lack of consent, but noted that mere dissatisfaction from the transferor is insufficient for cancellation. This ruling reinforces the legal sanctity of completed transactions in property law.
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This ruling affirms the rights of daughters in inheritance matters, potentially influencing future property disputes in India.
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