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september 1972

Supreme Court of India · 1972-09-18

GULAM ABBAS vs HAJI KAYYUM ALI & ORS.

Citation / case number
SC 1970/60034
Court
Supreme Court of India
Petitioner
GULAM ABBAS
Respondent
HAJI KAYYUM ALI & ORS.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that under Muslim Law, a renunciation of a supposed right based on expectancy is not prohibited and can be binding depending on circumstances. The Court found that the two sons, who executed deeds acknowledging receipt of consideration and relinquishing future claims to their father's property, were estopped from claiming their inheritance after their father's death. The High Court's ruling was set aside, affirming that the sons could not claim rights of inheritance as such claims were barred by estoppel, consistent with Section 115 of the Evidence Act, 1872.

GULAM ABBAS vs HAJI KAYYUM ALI & ORS. · Niyam