GULAM ABBAS versus HAJJ KAYYUM ALI & ORS.

GULAM ABBAS versus HAJJ KAYYUM ALI & ORS.

Relinquishment of an expectancy right for consideration, though void as a transfer under Muslim law, may create an estoppel by conduct preventing the executant-claimant from later asserting the right to inheritance when it vests, in light of Section 115 of the Evidence Act. There is nothing in Muslim law or the Transfer of Property Act to bar estoppel arising from the facts found.

Parties
Appellant: GULAM ABBAS; Respondent: HAJI KAYYUM ALI; Advocate: D. N. Mishra; Advocate: I. B. Dadachanji
Jurisdiction
India
Judgment Date
18 September 1972
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated March 5, 1970 of the Madhya Pradesh High Court (indore Bench) in Second Appeal No. 618 of 1964
Outcome
Appeal allowed. Judgment and decree of the High Court set aside. Decree of the first appellate court restored.
Legal Topics
Estoppel, Partition, Inheritance, Family Settlement, Spes Successionis
Muslim Law Personal Law Property Law Evidence Law Estoppel Partition Inheritance Family Settlement +1 more

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Parties

GULAM ABBAS

Appellant

HAJI KAYYUM ALI

Respondent

D. N. Mishra

Advocate

I. B. Dadachanji

Advocate

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated March 5, 1970 of the Madhya Pradesh High Court (indore Bench) in Second Appeal No. 618 of 1964

Legal Issues

  1. 1 Whether a deed executed by an heir acknowledging receipt of consideration and relinquishing future possible rights of inheritance in expectation (spes successionis) can operate as an estoppel against claiming inheritance after the death of the ancestor under Muslim law.
  2. 2 Whether the principle of estoppel under Section 115 of the Evidence Act, 1872, is applicable to such relinquishment notwithstanding Muslim law and Section 6(a) of the Transfer of Property Act.

Ratio Decidendi

Relinquishment of an expectancy right for consideration, though void as a transfer under Muslim law, may create an estoppel by conduct preventing the executant-claimant from later asserting the right to inheritance when it vests, in light of Section 115 of the Evidence Act. There is nothing in Muslim law or the Transfer of Property Act to bar estoppel arising from the facts found.

Court Disposition

Appeal allowed. Judgment and decree of the High Court set aside. Decree of the first appellate court restored.

Orders

  • Appeal allowed
  • Judgment and decree of the High Court set aside