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    Release Deed – Effect of – Spes Successionis – Estoppel – Warding off, of estoppel by heirs of the person whose conduct created the estoppel – Section 6(a) of the Transfer of Property Act, 1882
    declares that a chance of an heir apparent succeeding to an estate,
    the chance of a relation obtaining a legacy on the death of a kinsman
    or other mere possibility of a like nature cannot be transferred.
    A living man has no heir. Equally, 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. When ‘S’, the father of ‘C’ was alive, ‘C’ had at best
    a spes successonis. 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. Thus, there can be
    no doubt that the Release Deed may not by itself have the effect
    of a transfer of the rights of ‘C’ in favour of either his father or
    the minor son of his father from the second marriage.
    [Para 10]

    [See the full post at: ELUMALAI @ VENKATESAN & ANR Vs M. KAMALA AND ORS. & ETC [2023] 1 S.C.R. 261]

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