Asked September 26, 2013

Spes Successionis

  • 1 Answer

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]


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