Anupriya
Asked September 26, 2013

Spes Successionis

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what is spes successionis ? What are the rights of a spes successionis related to transfer of property?Kindly give a recent supreme court judgement regarding this.

Answer 1

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Saumya Gupta

Section 6 mentions that the property of any kind may be transferred except as otherwise provided by this Act or by any other law. Clause (a) of section 6 of the Transfer Of Property Act excludes mere chance of an heir apparent of succeeding to an estate from the category of transferable property. The technical expression for such a chance is ‘Spes Successionis’. A transfer of a spec successionis is a nullity and has no effect in law.[E. Adinarayana Patra v. Ramahari Patra AIR 1980 Orissa 95(97]

 

In he following question the question has been answered in detail:

https://lawfarm.in/question/answer-for-what-is-spes-successionis--what-are-the-rights-of-a-spes-successionis-3

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