Shehammal v Hassan Khani Rawther (AIR 2011 SC 3609; (2011) 9 SCC 223)

The Supreme Court explained two simple ideas. First, an expectancy to inherit is only a chance; it cannot be sold or given up before the ancestor dies (Section 6(a) TPA). Second, if an heir takes money and signs a relinquishment, the heir can be stopped by estoppel from later going back on that promise (Section 115 Evidence Act). Here, the relinquishment deeds were upheld.

• Can a Muslim heir legally renounce a future inheritance under personal law and the Transfer of Property Act?
• If an heir accepted consideration for relinquishing, can they later revoke it and still claim a share?

• Spes Successionis — Section 6(a), Transfer of Property Act, 1882: the chance of an heir-apparent cannot be transferred.
• Estoppel — Section 115, Evidence Act, 1872: a party who took benefit on a representation may be barred from denying it later.
• Public Policy — Section 23, Contract Act, 1872: courts disfavor outcomes that reward bad faith after accepting compensation.

• Supreme Court upheld the Kerala High Court.
• Relinquishment deeds were valid and binding as they were voluntary and for consideration.
• Spes successionis still applies in law, but estoppel can bar heirs who took money from later claiming a share.
• Public policy supports finality once compensation is accepted.

Although an heir cannot transfer a mere expectancy, a binding estoppel arises when the heir accepts consideration and executes a relinquishment. Such an heir cannot later resile and claim inheritance against that promise.

• Gives certainty to family settlements and property partitions involving payment.
• Balances personal law rules with equitable estoppel to prevent unfair claims.
• Signals that courts protect good-faith transactions from later challenges.

1. Expectancy ≠ transferable right (Sec 6(a) TPA).
2. Money + promise = estoppel (Sec 115 Evidence Act).
3. Public policy disfavors undoing compensated settlements (Sec 23 Contract Act).

Mnemonic: “Chance Not Cash Back”

1. Chance: Expectancy can’t be transferred.
2. Cash: If the heir takes money to settle…
3. Back? No: Estoppel stops a later claim.

Spes successionis

A mere chance to inherit in the future; not a present, transferable right.

Relinquishment

A deed where an heir gives up a claim, often for consideration.

Estoppel

A bar that prevents a person from going back on a representation that others relied on.