SC says inheritance rights denied even during pending murder trial
Supreme Court of India ruled that a person accused of murder or abetment cannot inherit the victim’s property, even during a pending trial. The court said the disqualification under the Hindu Succession Act applies to both intestate and testamentary succession based on principles of justice and equity
New Delhi: The Supreme Court has held that a person accused of committing or abetting the murder of another person cannot inherit the victim’s property. A bench of Justices J B Pardiwala and R Mahadevan has said the disqualification from inheriting property would apply to both intestate and testamentary succession.
The court has said the bar would apply even if the trial was still on. Intestate succession takes place according to the rules of personal law governing inheritance, while testamentary succession applies when property is bequeathed through a will.
“A person accused of the murder of one from whom inheritance is claimed is disentitled from asserting rights, not only under section 25 of the Hindu Succession Act, but also on the principles of justice, fair play and equity. Strict proof is not indispensable in civil proceedings if the preponderance of probabilities points to the commission of the offence,” the top court has said.
Referring to section 25 of the Hindu Succession Act, the bench has noted that the provision disqualifies a person who commits murder or abets the commission of the murder from inheriting the property of the deceased. The judgment came on a plea challenging a Karnataka High Court order that had set aside a Bengaluru civil court ruling in connection with inheritance of property.
