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.