Introduction:

Spes Successionis under transfer of Property Act, 1882 has been discussed under section 6(a). Section 6 of Transfer of Property Act, 1882 provides for the properties which may be transferred. It says that as a general rule, property of any kind may be transferred but 10 exceptions have been provided to section 6 of TPA, 1882. The first exception to it is “Spes Successionis” u/s 6(a) of Transfer of Property Act, 1882. It simply means the chance or possibility of getting property, that is the expectation of succession (inheritance or will).

Meaning of Spes Successionis under transfer of Property Act , 1882:

It means the chance or expectation of getting property or the chance of succession ( inheritance or will). It is merely a chance of getting property in future and not an actual, present right or interest in property.

Elements or constituents of spes successionis:

The following points are included under the head of spes successionis:

1. Chance of heir apparent;
2. Chance of legacy;
3. Any other possibility of like nature.

1. Chance of heir apparent: An heir apparent refers to a person who becomes an heir in the future if the following conditions are satisfied:

(i) He survives the propositus (that is, the deceased person whose property he will inherit). Since who survives whom is an uncertain future event, the chance of an heir apparent is a non transferrable property.

(ii) The propositus dies intestate ( that is, he dies without making a will).

For example, if A is the father and B, C are his 2 sons, B during A’s lifetime sells his 1/2 share in A’s property that his has a chance of getting as an heir after A’s death. Such transfer is void as it is made by heir apparent (B here) As such property is non transferable u/s 6(a) as it is spes successionis of TPA, 1882. B is merely an heir-apparent and has no present right or interest in A’s property.

However, after A’s death the respective shares of the sons B, C become transferable.

Case: In Annada v. Gour Mohan AIR 1921 Cal. 501 the status of Hindu reversioner was discussed with reference to “spes successionis”. ( Reversioner refers to such person who used to inherit property which was possessed by a widow during her lifetime. He was referred to as a reversioner, as his right to property which was suspended during the lifetime of widow, ‘reverted back to him’ after her death.)

The Privy council held that the interest of Hindu reversioner is spes successionis. So an agreement to transfer or transfer of such property is void.

2. Chance of legacy: Chance or possibility of getting property in under a will made by another person before dying is covered under this point. The person who prepares a will is referred to as ‘testator’ and the person in whose favour the will is prepared is called ‘legatee’.

Following are the reasons that the chance of legacy is non transferable under section 6 of Transfer of Property Act, 1882:

a) As a will operates only after the testator’s death, the testator might prepare another will and only the last of such wills is operative.

b) The legatee may not survive the testator, which means that he might die before him.

Owing to these reasons, the chance of getting property in a will or legacy is a non transferable property under section 6(a) of Transfer of Property Act, 1882.

3. Any other possibility of like nature: It means any other such future chance or uncertain expectation is also non transferable. For example, if a fisherman contracts to sell fish that he will catch in the next time, it is a future uncertainty and hence such a transfer is void under 6(a) of TPA, 1882.

Spes Successionis under Muslim Law:

Under the Muslim Law as well, the spes successionis is non transferable. Case: In case of Abdul Gafoor v. Abdul Razack, AIR 1959 Mad 131, it was held by the Madras High Court, that the transfer by an heir apparent under the Muslim law is void ab initio (void from the very beginning) and therefore the question of estoppel by the reason of heir’s renouncing her claim can’t arise.

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