Supreme Court · 2011 INSC 533 · Decided 2 August 2011
Shehammal v. Hasan Khani Rawther and ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 533 · [2011] 9 S.C.R. 718
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 7421/2008
- Decided
- 2 August 2011
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH, S.S. NIJJAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- Transfer of Property Act Section 6
Headnote
Mohammedan Law: Right of spes successionis - C Relinquishment of - Held: Chance of a Mohammedan heir­ apparent succeeding to an estate cannot be the subject of a valid transfer or release - Ordinarily there cannot be a transfer of spes successionis, but the same can be execution of a family settlement or by accepting D consideration for a future share - It could then operate as estoppel against the expectant heir to claim any share in the estate of the deceased Of! account of the doctrine of spes successionis - A testamentary disposition by a Mohammedan is
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