What is spes successionis?

The spes successionis meaning

is the expectation or hope of an individual to inherit the ownership of a property, typically upon the death of the current owner.

The spes successionis in property law

is used in discussions related to the rights of potential heirs, especially in cases involving inheritance, wills, and succession. It signifies the legal interest that a potential heir has in a property before the actual succession of ownership takes place.

• When a person expects to inherit property from a deceased family member, it is said to have "spes successionis" in relation to that property.

• In the context of wills and estate planning, individuals designate specific heirs who have a "spes successionis" interest in the property mentioned in the will.

• When multiple co-owners of a property are involved in a partition suit, "spes successionis" is there when considering the shares of potential heirs.

• In the absence of a will or if a person dies intestate (without a will), the legal heirs of the deceased have "spes successionis".

The "spes successionis" reflects a person's expectation of future ownership. This is

spes successionis meaning

.

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Spes successionis is a Latin maxim. The doctrine of Spec Successionis states about a mere possibility or chance of a person to succeed to the estate of another person after his death. Spes successionis basically means expectation of succession. Expectation of succession is to expect or have a chance of getting property through succession. It is merely a possibility of getting certain property in future.

Here is some more information regarding this section in Transfer of Property Act:

• Section 6(a)[4] of Transfer of Property Act, 1882 prohibits the transferability of spes successionis.

• Section 6 of the mentioned Act provides for some exceptions to the general rule that property of every kind may be transferred which itself obtains its origin from section 6. 

• Section 6(a) prohibits alienation of the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of kin, or any other mere possibility of a like nature.

• The transferability of spes successionis is prohibited under English Law as well, but not completely. 

• If the transfer of spes successionis is attached with some consideration then it is not void under English equity. 

• Therefore, if any person transfers its mere chance of succeeding by way of gift then it is void, however if it sells that chance for consideration then it will be the valid transfer in future when the transferee gets right over that property.

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