“A” executed a relinquishment agreement

in favour of “B”, her brother, agreeing to

relinquish her share in inheritance from
their father, out of love and affection. “B”
has filed suit for specific performance of
said agreement.
 Relinquishment agreement;

 By sister;

 Out of love and affection;

 Without consideration.
“Abandonment of right or thing.”

Black’s Law dictionary

“abandoning and surrender of the rights, title and

interest by on co-owner for the other co-
owner,”
 Proposal;

 Acceptance;

 Consideration;

 Free consent;

any transaction without consideration could not be lawfully

enforced nor on the basis thereof declaration of any right
could be made.

Reference:
Malik Haji Vs. Abdul Razzaq
(2001 MLD 1925)
 Mostly deprived from her share in inheritance
of deceased predecessor by using various
modes available under law.

REASONS:
 Decided by her elders in her minority.
 Male dominant society.
 For retaining ancestral property in one family.
 Unable to make independent decision.
 Lack of awareness of her rights.
 Transfer without consideration out of love and
affection.

 Transfer with unlawful consideration.

Not presumed/added as legal heir of deceased.

 transfer through gift.

Transfer made as a result of fraud and

misrepresentation.
 An agreement without consideration is void.

Exception: (statutory exception)

 Agreement in favour of close relation out of
love and affection.

 Conditions:

 In writing;
 Registered under the law for the time being in
force for the registration of documents.
 Sister was kept out of the inheritance mutation
in her father’s legacy by brothers.

 Considerations:
 Expanses incurred on her marriages.
 Expanses made in murder case.
 Maintenance provided to her.
 Under the Islamic law a woman occupies a superior
legal position in comparison to other religions;

 the relinquishment by the sister, if any, is against

public policy and morality (section 23 of the Contract
Act);

 exceptions in Section 25 not being applicable in the

context of Islamic rules and would not have saved the
disputed relinquishment;

 relinquishment of accrued inheritance is neither

recognized in Islamic-law of transfers nor is it treated
as a "transfer" under the Transfer of Property Act.
Q: Is this agreement enforceable by law?
A: No.

REASONS:
 “A” was under undue influence of his brother.

 “A” was not able to make free decisions and

unable to get indenpdent advice.
 Such agreement is against public policy and
morality.
 Not recognized by Islam.
Q: What would be the effect if the agreement
is also registered with sub-registrar?
A: No effect.

If registered;

agreement/document shall create, declare,

assign, limit or extinguish any right, title or
interest.
Q: Is an agreement without consideration but
out of natural love and affection is
enforceable by law?
A: Yes.

CONDITIONS:
 In writing.

Duly registered.

Under lover and affection.

Persons are in near relation.

PLD 1990 SC 01
PLD 2018 LHR 819

2016 SCMR 763

1992 MLD 1598

PLD 2015 LHC 8564