[Citation : 2012(1) RLW 352 (SC)]
(Supreme Court)
Shehammal Vs. Hasan Khani Rawther & Ors. (Kabir, J.)
HON'BLE ALTAMAS KABIR, J.
HON'BLE CYRIAC JOSEPH, J.
HON'BLE SURINDER SINGH NIJJAR, J.
Shehammal
Versus
Hasan Khani Rawther & Ors.
Special Leave Petition (C) Nos. 7421, 7422, 14303 & 14304 of 2008,
decided on 02.08.2011
Petition dismissed.
eqfLye fof/k lifBr lEifr vUrj.k vf/kfu;e] 1882] /kkjk 6 & lEifr esa Hkkoh fgLls dk R;kx & ^^Lisl lDls'kful* dk fl)kUr & focU/k ds fl)kUr dk mi;kstu & D;k vkdka{kh okfjl }kjk fu"ikfnr R;kx foys[k fdlh ,sls nkos ij focU/k ds :i esa izofrZr gks ldrk Fkk ftls fojklr ds i'pkr~ ,sls foys[k ds fu"iknd }kjk LFkkfir fd;k x;k gks] lEifr ds Lokeh dh e`R;q ij [kksyk x;k\ & vfHkfu/kkZfjr & lEifr vUrj.k vf/kfu;e dh /kkjk 6 esa ;Fkk lfEefyr ^^Lisl lDls'kful** ds fl)kUr ds ifjykHk dk nkok djus dh vuqefr ugha nh tk ldrh & fojklr esa fgLls dk nkok djus ls og focU/k gksxkA ¼in la[;k 19] 20] 23 ls 25½
;kfpdk [kkfjt dhA
Based on the provided legal document, the key points are as follows:
The case involves a dispute over inheritance rights among the heirs of a deceased Muslim individual, where the question is whether deeds of relinquishment executed by heirs during the lifetime of the deceased can operate as estoppel to claims made after the death of the owner (!) (!) .
The doctrine of 'Spes Successions' under Muslim law and the Transfer of Property Act indicates that a chance of inheritance cannot be transferred or relinquished during the lifetime of the owner, as such rights are considered inchoate and not vested (!) (!) .
The law recognizes that a Muslim cannot legally relinquish a future share in the estate, as inheritance is only open upon the death of the owner, and such relinquishments made during the owner’s lifetime are generally null and void, unless certain circumstances, such as consideration or estoppel, apply (!) (!) .
The concept of estoppel can apply if an heir acts in a manner that suggests they have relinquished their expectancy, especially if they have received consideration for such relinquishment, which can then prevent them from later claiming their share (!) (!) .
Family arrangements or settlements that are made during the lifetime of the owner, which involve the relinquishment of future inheritance rights, may be recognized if they are made jointly by the family. However, individual deeds of relinquishment executed by heirs are considered separate agreements and do not constitute a family settlement (!) (!) .
The law emphasizes that a deed of relinquishment during the lifetime of the owner, especially when executed unilaterally and without mutual consent, does not create a valid transfer of a future expectancy unless supported by considerations such as estoppel or public policy considerations (!) .
The courts have held that relinquishment of a future inheritance right during the owner’s lifetime is generally invalid under Muslim law, and any attempt to do so can be challenged on the grounds of public policy and the principles governing inheritance rights (!) .
The doctrine of estoppel, as well as principles of public policy, prevent heirs from claiming a share in the estate after relinquishing their expectancy during the owner’s lifetime, especially if they have received consideration for such relinquishment (!) .
The case underscores the importance of understanding the legal principles governing inheritance under Muslim law and the Transfer of Property Act, particularly the restrictions on transferring or relinquishing future expectancy rights (!) .
Ultimately, the court dismissed the special leave petitions, affirming that deeds of relinquishment executed by heirs during the lifetime of the owner do not operate as valid transfers of future shares, and the heirs are estopped from claiming such shares after the owner's death (!) .
These points collectively highlight the legal stance that relinquishing a future inheritance during the lifetime of the owner is generally not valid, but may be challenged or upheld based on considerations of estoppel, consideration, and public policy.
2. Meeralava Rawther died in 1986, leaving behind him surviving three sons and three daughters, as his legal heirs. At the time of his death he possessed 1.70 acres of land in Survey No.133/1B of Thodupuzha village, which he had acquired on the basis of a partition effected in the family of deceased Meeralava Rawther in 1953 by virtue of Deed No.4124 of Thodupuzha, Sub-Registrars Office. Meeralava Rawther and his family members, being Mohammedans, they are entitled to succeed to the estate of the deceased in specific shares as tenants in common. Since Meeralava Rawther had three sons and three daughters, the sons were entitled to a 2/9th share in the estate of the deceased, while the daughters were each entitled to a 1/9th share thereof.
3. It is the specific case of the parties that Meeralava Rawther helped all his children to settle down in life. The youngest son, Hassan Khani Rawther, the Respondent No.1, was a Government employee and was staying with him even after his marriage, while all the other children moved out from the family house, either at the time of marriage, or soon, thereafter. The case made out by the Respondent No.1 is that when each of his children left the family house Meeralava Rawther used to get them to execute Deeds of Relinquishment, whereby, on the receipt of some consideration, each of them relinquished their respective claim to the properties belonging to Meeralava Rawther. The Respondent No.1, Hassan Khani Rawther, was the only one of Meeralava Rawther's legal heirs who was not required by his father to execute such a deed.
4. Meeralava Rawther died intestate in 1986 leaving 1.70 acres of land as his estate. On 31st March, 1992, the Respondent No.1, Hassan Khani Rawther filed O.S.No.171 of 1992 before the Court of Subordinate Judge, Thodupuzha, seeking declaration of title, possession and injunction in respect of the said 1.70 acres of land, basing his claim on an oral gift alleged to have been made in his favour by Meeralava Rawther in 1982.
5. On 6th April, 1992, the Respondent No.2, Muhammed Rawther, one of the brothers, filed O.S.No.90 of 1992 before the Court of Munsif, Thodupuzha, praying for injunction against his brother, Hassan Khani Rawther, in respect of the suit property. The said suit was subsequently transferred to the Court of Subordinate Judge, Thodupuzha, and was renumbered as O.S.No.168 of 1994.
6. On the basis of her claim to a 1/9th share in the estate of Late Meeralava Rawther the petitioner, Shehammal filed O.S. No.126 of 1992 on 25th May, 1992, seeking partition of the plaint properties comprising the same 1.70 acres of land in respect of which the other two suits had been filed. The said suit was also subsequently transferred to the Court of Subordinate Judge, Thodupuzha, and was renumbered as O.S.No.169 of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.