AIR 2010 KERALA 44 ::2010 (2) AIR KAR R 180 ::(2010) 1 ICC 100 ::2009 (4) Ker LT 531

Kerala High Court

Hon'ble Judge(s): Thomas P. Joseph , J

(A) Transfer of Property Act (4 of 1882) , S.6(a)— Mohammedan Law - Subject matter of transfer - Chance of Mohammedan heir succeeding to an estate - Is mere spes successionis - Cannot be subject matter of transfer. Under Section 6(a) of the T. P. Act the chance of an heir-apparent to succeed to an estate is not alienable. Though Sec. 2 of the T. P. Act states that provisions of Chapter II of that Act does not affect any rule of Mohammedan Law, authorities on the point say @page-Ker45 that even under the provisions of Mohammedan Law there is an interdiction on an heir-apparent transferring his right in an estate. The chance of a Mohammedan heir succeeding to an estate is also a mere spes successions and cannot be the subject matter of a transfer. Hence, under S. 6(a) of the T. P. Act and under the principles of Mohammedan Law, an heir-apparent cannot transfer his chance of succeeding to an estate.(Para 8) (B) Transfer of Property Act (4 of 1882) , S.6(a)— Evidence Act (1 of 1872) , S.115— Chance of heir-apparent succeeding to an estate - Transfer of, interdicted under T.P. Act, Mohammedan Law - However, receipt of money by heir apparent in lieu of her share in property of her father during his lifetime - Would estop heir from claiming share in property o....