A has a wife B and a son C. C in consideration of ₹ 5 lakhs paid to him by his mother B executes a deed…

Section 6(a) of the Transfer of Property Act, 1882 says the chance of an heir-apparent succeeding to an estate cannot be transferred, so C's release, made in A's lifetime, passes nothing to B. But in Gulam Abbas v. Haji Kayyum Ali (1973) the Supreme Court held that an expectant heir who has taken consideration for giving up his future share may be estopped under section 115 of the Indian Evidence Act, 1872 from claiming it when the succession opens, treating this as a rule of evidence rather than of personal law; so "C is bound by his instrument and cannot claim his share in A's property". The bar in section 6(a) protects the heir, not one who has been paid for the release, and neither attestation nor the mother's survival affects the estoppel.

Current law: estoppel is now in section 121 of the Bharatiya Sakshya Adhiniyam, 2023, in the same terms.