Rights In Father's Self Acquired When A Person Has Relinquished Property, His Sons Are Estopped From Claiming Share: SupremeCourt

Citation

AIR online 2023 SC 65

Case Details

Elumalai @Venkatesan And Anr. v. M. Kamala And Ors. And Etc. | 2023 LiveLaw (SC) 65 | CA 521-522 OF 2023 | 25 January 2023 | Justice K.M. Joseph and Hrishikesh Roy

Transfer of Property Act 1882- Section 6(a) - spes successonis- A living man has no heir- Release deed executed by son relinquishing his share in the self-acquired property of father has no effect- A person who may become the heir and entitled to succeed under the law upon the death of his relative would not have any right until succession to the estate is opened up.  Unlike a co-parcener who acquires right to joint family property by his mere birth, in regard to the separate property of the Hindu, no such right exists -Para 10

Transfer of Property Act 1882- Section 6(a) -Transfer by an heir apparent being mere spes successonis is ineffective to convey any right. By the mere execution of Release Deed, in other words, in the facts of this case, no transfer took place-This is for the simple reason that the transferor, namely, the father of the appellants did not have any right at all which he could transfer or relinquish- Para 14.

Principle of Estoppel- Transfer of Property Act- Though the release deed executed by the son was with respect to only a spes successonis right, his conduct of relinquishment will bind his sons through estoppel-despite the fact that what was purported to be released by Shri Chandran, was a mere spec successonis or expectation his conduct in transferring/releasing his rights for valuable consideration, would give rise to an estoppel. The effect of the estoppel cannot be warded off by persons claiming through the person whose conduct has generated the estoppel -Para 23.