Introduction

In the realm of inheritance law in India, the Hindu Succession Act, 1956 plays a pivotal role in defining the rights and disqualifications of individuals seeking to inherit property. Sections 25 to 28 of Hindu Succession Act,1956 outline specific grounds for disqualification from inheritance. This comprehensive analysis delves into these sections, exploring disqualifications related to murder, abetment of murder, conversion, and the consequences of disqualification on succession.

DISQUALIFICATION DUE TO MURDER (SECTION 25)

Section 25 of the Hindu Succession Act, 1956 addresses the disqualification of an individual from inheriting property if found guilty of committing murder or assisting in the act. The provision is not confined to cases of intestate succession but extends to instances where a testator has left behind a will. The landmark case of ‘Smt. Kasturi Devi v. D.D.C AIR 1976 SC 2105 ‘ highlighted the equitable principle that a murderer should be disqualified from succeeding to the victim’s property. However, the case law also emphasizes that the Civil Court can independently assess the circumstances, as demonstrated in the case of State v. Chetan Chauhan.

• Abetment of Murder (Section 25 Continued)

The act also considers the abetment of murder equivalent to the commission of murder. In scenarios where individuals plan and assist in a murder, even if they did not directly execute the act, they are disqualified from succession under Section 25. The example illustrates the legal consequences for those involved in the planning and execution of a murder.

DISQUALIFICATION OF CONVERTED DESCENDANTS (SECTION 26)

Section 26 of the Hindu Succession Act, 1956 addresses the disqualification of converted descendants. This section emphasizes that individuals who convert to a religion other than Hinduism are disqualified from inheriting the property of their Hindu relatives. This provision reflects the evolution of Hindu inheritance law, as the Caste Disability Removal Act, 1850, removed the disqualification related to conversion but was reinstated by the 1956 Act. The applicability of Section 26 is not limited to testamentary succession, making it a crucial aspect of both intestate and testamentary scenarios.

• Applicability and Scope of Section 26

Section 26 is prospective and retrospective, applying to conversions both before and after the commencement of the Hindu Succession Act, 1956. The section does not affect testamentary succession, as it specifically pertains to intestate succession. The case of Janak Rani Chadha v. the State (NCT of Delhi) exemplifies how this section operates, disqualifying a husband who committed murder from inheriting the property of his deceased wife.

SUCCESSION WHEN HEIR IS DISQUALIFIED (SECTION 27)

Section 27 of Hindu Succession Act,1956 addresses the implications of disqualification on succession when the heir is disqualified under Sections 24 to 28. If an individual is disqualified from inheriting property, Section 27 stipulates that the property must be devolved as if the disqualified person died before the intestate. This section highlights the legal fiction that a disqualified heir is considered non-existent for the purpose of inheritance, elucidated through the example of Janak Rani Chadha v. the State.

NO DISQUALIFICATION FOR DISEASE AND DEFORMITY (SECTION 28)

Section 28 of the Hindu Succession Act, 1956 provides a crucial exception to disqualification based on disease or deformity. It explicitly states that no person shall be disqualified from inheriting property due to any disease, defect, or any other ground. This section, while not retrospective, applies to both testamentary and intestate succession, coming into operation when the succession opens after the commencement of the Act.

CASE LAW ILLUSTRATION AND LIMITATIONS OF SECTION 28

The case of “Anhia Mandalanin And Anr v. Bajnath Mandal And Anr” underscores the importance of Section 28 by highlighting that certain defects and deformities, while not explicitly mentioned, might exclude an heir from inheritance. The section’s non-retrospective nature implies that it applies only to successions opening after the commencement of the Act.

FAILURE OF HEIRS (SECTION 29)

If an intestate has no eligible heir as per this Act, the property transfers to the Government. The Government assumes all obligations and liabilities as if an heir were in place.

CONCLUSION

In conclusion, the disqualification provisions outlined in Sections 24 to 28 of the Hindu Succession Act, 1956, strike a balance between justice and equity. These sections ensure that individuals involved in heinous acts such as murder or abetment are not entitled to inherit property, reflecting a nuanced understanding of the principles of equality and fairness. While certain disqualifications, such as conversion-related restrictions, might seem stringent, they align with the legislative intent to preserve the sanctity of Hindu succession. As inheritance laws continually evolve, these sections stand as pillars shaping the landscape of inheritance rights in India.

REFERENCE 

1-https://m.timesofindia.com/india/convert-doesnt-lose-inheritance-under-hindu-succession-act-bombay-hc/amp_articleshow/63190190.cms -THE TIMES OF INDIA

2-https://www.hindustantimes.com/india-news/convert-entitled-to-hindu-parent-s-property-rules-bombay-high-court/story-6Ry4RZzQfUJUENtaHIOmPL_amp.html -HINDUSTAN TIMES