Swami transfers to Radha for valuable consideration his reversionary interest in a property. When Swami succeeds to the property, Radha sues him for possession of the same. Decide whether Radha will succeed ?

Section 6 of the Transfer of Property Act, 1882 contains some exceptions to the general rule that property of any kind may be transferred. Consequently the chance of an heir apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kins man or any other mere possibility of a like nature cannot be transferred. When a person is the owner of property, the property is in existence and it is in his possession. This he may transfer but if property is neither in existence nor is the person the owner of the property then it cannot be transferred. For example, if a person is intending to buy certain property but, he has no interest in that property, he cannot transfer it unless the property comes to his hands, i.e., unless he becomes the owner of the property after buying it. In this clause possibilities referred are bare or naked possibilities and not coupled with can interest such as contingent remainders or future interest also known as right of spes succession is which cannot be the subject to transfer. In this problem Radha will not succeed as the reversionary interest is a spes succession and non-transferable as per Section 6 of the Transfer of Property Act, 1882. So the transfer is void and her suit for possession will fail.