VidhiSangh

Supreme Court of India · 25/01/2023

ELUMALAI @ VENKATESAN & ANR versus M. KAMALA AND ORS. & ETC.

[2023] 1 S.C.R. 261 · 2023 INSC 83

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Summary

In 1975 Chandran received jewellery and goods from his father and executed a release deed giving up any share in his father's self-acquired property. He died in 1978, before his father died intestate in 1988. Chandran's sons claimed a share as Class I heirs. The trial court treated the release as void, but the Madras High Court excluded them by applying the estoppel principle in Gulam Abbas. The Supreme Court agreed. A release of a mere expectancy is no transfer under Section 6(a) of the Transfer of Property Act. But Chandran, having taken consideration and led his father not to make other arrangements, would have been estopped. His sons, who claim through him, are equally bound.

Issues

  1. Whether a release deed executed for consideration by a son in respect of his father's self-acquired property during the father's lifetime, though ineffective as a transfer of a spes successionis, estops the son and those claiming through him from claiming a share when the father dies intestate.
  2. Whether Section 8 of the Hindu Minority and Guardianship Act, 1956 or Section 8 of the Hindu Succession Act, 1956 saves the grandsons from that estoppel.

Provisions considered

Held

Result

Civil Appeal Nos. 521-522 of 2023 dismissed, parties bearing their own costs; the Madras High Court judgment dated 20.10.2016 in A.S. Nos. 718 and 883 of 2009, excluding the appellants from any share in the A-Schedule property, upheld.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 261.