Whether a person can claim benefit of doctrine of spes successions after relinquishing claim in future property after accepting consideration?

Property - Spes successionis - Relinquishment of future share - Applicability of rule of estoppel - Sections 2 and 6 of Transfer of Property Act, 1882; Section 115 of Evidence Act, 1882; Section 54 of Mulla's "Principles of Mahomedan Law" - Special Leave Petitions against judgment of High Court holding that even if Plaintiff failed to prove oral gift in his favour, he could not be non-suited, since he alone was having rights over assets in view of various Deeds of Relinquishment executed by other sons and daughters of Meeralava Rawther - (i) Whether in view of the doctrine of spes successionis, a Deed of Relinquishment executed by an expectant heir could operate as estoppel to a claim that may be set up by Executor of such Deed after inheritance opened on death of owner of property - - Held, Even if provisions of doctrine of spes successionis was to apply, by their very conduct Petitioners were estopped from claiming benefit of said doctrine - Principle of an equitable estoppel far from being opposed to any principle of Mohammedan Law, was really in complete harmony with it - Bequests in excess of one-third could not take effect unless heirs consented thereto after death of testator - Principle that a Mohammedan cannot by Will dispose of more than a third of his estate after payment of funeral expenses and debts was capable of being avoided by consent of all heirs - Having accepted consideration for having relinquished a future claim or share in estate of deceased, it would be against public policy if such a claimant be allowed benefit of doctrine of spes successions - Family arrangement would necessarily mean a decision arrived at jointly by members of a family and not between two individuals belonging to family - Five deeds of relinquishment executed by five sons and daughters of Meeralava Rawther constitute individual agreements entered into between Respondent No.1 and expectant heirs - Being opposed to public policy, heir expectant would be estopped under general law from claiming a share in property of deceased - Impugned judgment upheld - Special Leave Petitions dismissed

Having accepted consideration for having relinquished a future claim or share in estate of deceased, it would be against public policy if such a claimant be allowed benefit of doctrine of spes successions.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NOS.7421-7422 OF 2008

SHEHAMMAL Vs. HASAN KHANI RAWTHER 

Bench: Altamas Kabir, Cyriac Joseph, Surinder Singh Nijjar
Dated;2 August, 2011
Citation: AIR2011SC3609, 2012(3)BomCR816, 

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