ISSUE:
Whether a Muslim heir can legally renounce their future inheritance rights under Muslim Personal Law and the Transfer of Property Act, 1882?
Whether an heir who has accepted consideration for relinquishing their share can later revoke the relinquishment and claim inheritance under Muslim Law?
RULE:
Doctrine of Spes Successionis (Expectation of Inheritance)- Under Muslim Personal Law, an heir cannot transfer or renounce their right to inheritance before the ancestor's death. Section 6(a) of the Transfer of Property Act, 1882 states that the chance of an heir-apparent succeeding to an estate cannot be transferred.
Principle of Estoppel- As per Section 115 of Indian Evidence Act, 1872, if an heir accepts consideration for relinquishing their claim, they are barred (estopped) from reclaiming it later. This principle overrides the general rule under Muslim law that inheritance cannot be renounced before the ancestor's death. A Muslim heir cannot renounce an expectancy before the ancestor’s death, but if they voluntarily relinquish their share for consideration, the principle of estoppel applies, barring them from later claiming inheritance.
Public Policy Consideration- As per Section 23 of the Indian Contract Act, 1872, allowing heirs to reclaim property after accepting compensation would be against public policy.