Narayana Swami v Pandiyan

AIR 1923 Madras 607Madras High Court1923Property Law
property-lawspes-successionisreversionersection-6a

Rule established

Hindu reversioner's interest is a present vested right, not spes successionis; transferable

Facts

  • Hindu reversioner claimed a present right to challenge alienation by a widow
  • Opposing party argued this was spes successionis (mere hope)

Issue

  1. Whether a Hindu reversioner's right is a spes successionis under S.6(a) or a present transferable interest.

Held

  • The reversioner has a present right which is more than a mere expectation. It is not spes successionis. The interest is vested and capable of transfer.

Ratio Decidendi

A reversionary interest is a present right to revert upon termination of the prior limited estate. It exists NOW even though enjoyment is future. It is fundamentally different from a mere hope of inheriting from a living person.

How to use it in an exam

Cite to distinguish vested reversionary interest (transferable) from spes successionis (non-transferable). Key line: "A reversioner's interest is a present right, not a future hope."

Source

Source: AIR 1923 Madras 607

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Transferable and Non-Transferable PropertyS.6(a): what is NOT spes successionis