Section 6(a) of the TP Act: Spes Successionis

Things referred in this clause as non-transferable are-

i)the chance of an heir succeeding to an estate.

ii)The chance of a relation obtaining a legacy(a gift by will) on the death of a kinsman,and

iii)Any other mere possibility of a like nature.

iv)  A mere possibility of an heir succeeding to an estate is excluded from the category of

transferable property.

v)The prohibition enacted in this clause based on public policy, namely, that if these transfers were

allowed speculators would purchase the chance of succession from possible heirs and there would

be increase in speculative litigation.

   
•It  means a mere chance of succession or hope of succession or a bare or naked possibility.
•Such a chance is not property. Therefore, if such a chance or expectancy is transferred, the 
transfer is wholly void. 
•The right of a presumptive reversionary under the Hindu Law, or  bare chance of
surviving another and succeeding to his inheritance, is just a spes succession is(hope of
succession) 

Illustration:

    A good illustration of a mere possibility of a like nature is the next cast in a fisherman’s net.No one can guarantee that any fish will be caught, and the fisherman himself has no interest in the fish until they are caught in his net.

   ‘M’ expecting that N,his uncle,who had no issue, would bequest her house worth Taka 90000,transfer it to H.The transfer is invalid.