Doctrine of spes successionis - Declaration of title, possession and partition of the suit properties - Suits filed - High Court - Plaintiff failed to prove the oral gift in his favour, he could not be non-suited, since he alone was having the rights over the assets of Meeralava Rawther in view of the various Deeds of Relinquishment executed by the other sons and daughters of Meeralava Rawther - Petitions filed - Whether a Deed of Relinquishment executed by an expectant heir could operate as estoppel to a claim that may be set up by the Executor of such Deed after inheritance opens on the death of the owner of the property - Whether on execution of a Deed of Relinquishment after having received remuneration for such future share, the expectant heir could be estopped from claiming a share in the inheritance - Can a Mohammedan by means of a Family Settlement relinquish his right of spes successionis when he had still not acquired a right in the property - Chance of a Mohammedan heir-apparent succeeding to an estate cannot be the subject of a valid transfer or release - Supreme Court held that having accepted the consideration for having relinquished a future claim or share in the estate of the deceased, it would be against public policy if such a claimant be allowed the benefit of the doctrine of spes successionis - Petitions dismissed - No costs.

Topic(s)-Doctrine of spes successionis , Declaration of title , Possession and partition of the suit properties

Important Decision(s)-