Question
Transfer of Spes Succession
is:Solution
As per s.6(a) of the Transfer of Property Act, 1882, transfer of Spes Succession is void-ab-initio. 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’. During the lifetime of a person, the chance of his heir apparent succeeding to the estate or the chance of a relation obtaining a legacy under his will is a ‘Spes Successionis’ (chance of succession). Such an expectancy does not amount to an interest in property and cannot be made the subject matter of a transfer.
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