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August 2023

SPES Successionis: Expectation of a Heir to Succeed to Property of Deceased

By Dr Anup P Shah, Chartered Accountant
Reading Time 8 mins
INTRODUCTION
'Spes Successionis' is a Latin phrase which means the hope / expectation of a legal heir to succeed to the property of the deceased. The Privy Council in the case of Lala Duni Chand vs. Mst. Anar Kali, 1946 AIR(PC) 173, explained this term in the context of Hindu Law. It held that a legal heir had no vested interest in the estate of a person (property owner) who was alive but he only has a mere ?Spes Successionis’ or a chance of succession, which was a purely contingent right which might or might not accrue. The succession would take place only once the property owner died, and hence, the right of the heir was contingent upon the same. It is founded on the principle that a living man has no heirs. They come into existence only once he dies. The Supreme Court in Elumalai @ Venkatesan vs. M. Kamala, CA No. 521-522/2023, order dated 25th January, 2023 had an occasion to consider this right when viewed against a release deed executed by a son in respect of his father’s self-acquired property. The decision examined the position under the Transfer of Property Act, the Hindu Succession Act, Hindu Minority and Guardianship Act, etc. FACTS OF THE CASE
In Elumalai’s case (supra), a person who owned a self-acquired property, had two wives. The son fr
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