Spes Successionis Meaning
Spes Successionis
1. Meaning
The Latin term “Spes Successionis” means “expectation of succession” or a mere chance of inheriting property in the future.
It refers to a situation where a person has no present interest in property but only a hope that in future, on the death of another person, he may inherit it.
2. Statutory Provision
Section 6(a), Transfer of Property Act, 1882:
“The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of like nature, cannot be transferred.”
👉 This means:
A mere expectation or possibility is not transferable property.
Only an existing interest can be transferred.
3. Examples
A son during his father’s lifetime cannot sell his chance of inheriting his father’s property.
A person cannot sell his chance of receiving property through a will or gift.
This chance (spes successionis) is not property; hence any transfer is void.
4. Rationale
Law does not allow transfer of mere possibilities because:
They are uncertain and speculative.
They may lead to fraud and exploitation of needy heirs.
It would defeat the intention of the true owner (the ancestor/testator).
5. Case Laws
(A) Amrit Narayan v. Gaya Singh (1917 PC)
Facts: An expectant heir transferred his chance of inheriting.
Held: Such transfer is void under Section 6(a).
Principle: A mere possibility (spes successionis) is not transferable property.
(B) Rambaran Prasad v. Ram Mohit Hazra (1967 SC)
Facts: A Hindu reversioner (expectant heir) sold his chance of succeeding to property.
Held: A transfer of spes successionis is void. However, if after succession opens, the heir executes a fresh transfer, it is valid.
Principle: A reversioner’s transfer before succession is void, but he may transfer property after he acquires actual rights.
(C) Subramania Chettiar v. Arunachalam (1928 Mad HC)
Held: Agreement by an heir to transfer property during ancestor’s lifetime is void as it amounts to transfer of spes successionis.
6. Distinction from Other Interests
Spes Successionis (expectation): Cannot be transferred.
Vested Interest (present ownership, future enjoyment): Transferable.
Contingent Interest (dependent on condition precedent): Transferable.
7. Key Principles
Not property → Spes successionis is merely a possibility.
Non-transferable → Section 6(a) prohibits such transfer.
Void ab initio → Any transfer of spes successionis is void from the beginning.
Fresh transfer needed → If expectancy becomes reality (inheritance opens), only then the person can validly transfer.
8. Conclusion (Exam Style)
Spes successionis under Section 6(a) of TPA is a mere hope or expectation of succession, not a legal right. Any transfer of such chance (by an heir-apparent, reversioner, or legatee) is void. Landmark cases like Amrit Narayan and Rambaran Prasad reinforce the principle that only existing rights, not mere chances, are transferable under Indian law.
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