Question

Which of these statements is false with respect to Spes Successionis?

• A. Means a mere chance or expectation of succession
• B. It includes chance of an heir apparent succeeding to an estate
• C. It is transferrable
• D. All the above

Hint:

Remember that the law allows the transfer of future property, but does not allow the transfer of a mere "chance" of getting property.
The prohibition on transferring *spes successionis* prevents speculative and fraudulent deals on expectations of inheritance.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify the false statement regarding the legal concept of "Spes Successionis" under the Transfer of Property Act, 1882.

Step 2: Key Legal Principles and Approach:
The rules regarding what can and cannot be transferred under Indian property law are contained in Section 6 of the Transfer of Property Act, 1882.
Section 6(a) specifically addresses the concept of spes successionis.

Step 3: Detailed Explanation:

• Meaning of Spes Successionis (Option A): The Latin phrase *spes successionis* translates to "the hope of succession."

• It refers to a mere chance, possibility, or expectation of an individual succeeding to a property in the future upon the death of a living person.

• Hence, statement (A) is legally true.

• Inclusion of Heir Apparent (Option B): An "heir-apparent" is a person who would be the heir if they survive the current property owner.

• Until the owner dies, the heir-apparent has no actual right, but only a chance of succeeding to the estate.

• Hence, statement (B) is legally true.

• Non-Transferability Rule (Option C): Section 6(a) of the Transfer of Property Act, 1882, explicitly states: "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 a like nature, cannot be transferred."

• Because there is no existing interest or title to convey, the law strictly prohibits the transfer of a mere possibility like *spes successionis*.

• Any attempt to transfer such a chance is completely void *ab initio*.

• Therefore, the statement "It is transferrable" (Option C) is completely false.

• Consequently, Option (C) is the correct answer.

Step 4: Final Answer:
According to Section 6(a) of the Act, *spes successionis* is non-transferable, making the statement in Option (C) false, and thus it is the correct answer.