New Delhi: A Muslim is entitled to relinquish
his property even before inheritance from the original owner
but is precluded from re-claiming it, the Supreme Court has
ruled.
A three-judge bench of justices Altamas Kabir, Cyriac
Joseph and S S Nijjar said the doctrine of specs successions
(renunciation of rights before accrual) which applies to the
general law under the Transfer of Property Rights Act was not
applicable in the case of Muslims.
"There is little doubt that ordinarily there cannot be
a transfer of specs successions but in the exceptions pointed
out by this court in Gulam Abbas’s case the same can be
avoided either by the execution of a family settlement or by
accepting consideration for a future share.
"Thus, a Mohammedan may also make a disposition of his
entire property if all the heirs signified their consent to
the same," Justice Kabir writing the judgement said.
PTI
First Published: Wednesday, August 03, 2011, 21:55