Section 25 to 27 of the Hindu Succession Act, 1956 discusses the disqualification of heir under certain circumstances and the effects of such disqualification.

Murderer Disqualified:

Section 25: The Hindu Succession Act, 1956:

Murderer disqualified.―

A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.

Under Section 25 of the Hindu Succession Act if any person found guilty of the murder or abetment of murder of the deceased intestate shall forfeit his or her right to succeed to the property of the deceased.

In Smt. Kasturi Devi vs D.D.C., AIR 1976 SC 2105 case, it was held by the Privy Council that upon principles of equity, justice and good conscience the murderer should be disqualified from succeeding to the estate of the person whom he has murdered and he would not be regarded as a fresh stock of descent but should be regarded as non-existent.

Convert Descendants Disqualified:

Section 26: The Hindu Succession Act, 1956:

Convert’s descendants disqualified.―

Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.

Thus conversion of an heir is not a bar to succession. But the children of a Hindu convert to a non-Hindu religion cannot inherit. But if such children or descendants are Hindu at the time when succession opens then they can succeed. Thus offspring also become disqualified to inherit the property unless they become reconverts to Hinduism at the time of intestate’s death.

Section 27: The Hindu Succession Act, 1956:

Succession when heir disqualified.―

If any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.

Section 27 of the Hindu Succession Act lays down that if any person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate. Moreover, such offspring of disqualified heirs (who are entitled to succeed) mentioned in Sections 25 and 26 shall succeed to the estate of the intestate as if their father-disqualified ancestor predeceased the intestate when the succession opened.

Section 28: The Hindu Succession Act, 1956:

Disease, defect, etc., not to disqualify.―

No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever.

The old law of succession had rules of disinheritance based upon disqualifications e.g. lunacy and idiocy. Similarly, the unchastity of the widow disqualified her for inheritance. Now the Hindu Succession Act, 1956 removed all these disqualifications and diseases, defect or deformity is no ground of exclusion from inheritance under the Act.

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Indian Legal System > Civil Laws > Family Laws > The Hindu Succession Act, 1956 > Disqualification of Heir

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