A common property dispute arises when a father first writes a will in favor of his son, and later executes a registered gift deed for the same property in favor of his daughter. After the father’s death, both children claim ownership. In such cases, the daughter is likely to prevail because a registered gift deed transfers ownership immediately upon acceptance, while a will only takes effect after death.

Under Indian law, specifically Section 152 of the Indian Succession Act, a will can only dispose of property that the testator owns at the time of death. If the father gifted the property to the daughter while alive, he no longer owns it, so the will in favor of the son becomes ineffective due to ‘ademption’—the property no longer exists in the estate.

Even if the son had paid taxes or obtained mutation entries in his name, those do not prove ownership. The Supreme Court has clarified that revenue records are not conclusive of title. Additionally, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used by the son to cancel the gift deed after the father’s death, as only the donor can seek cancellation.

However, courts examine various factors such as the validity of the gift deed, whether it was executed voluntarily, and whether the property was self-acquired or ancestral. Each case depends on its specific facts, so legal advice is essential.