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Dis Qualification

Disqualification to inheritance

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tipuchouhan3
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61 views2 pages

Dis Qualification

Disqualification to inheritance

Uploaded by

tipuchouhan3
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ication Of Heirs Under The Hindu Succession Act mil law pertains tolegal matters concerning ones ond comes rotons. encompasses vous aspects mariage, domestic pornestps issues thet rise curing mariages (eg, couse, adoption, child cuted onthe dssltan of these relationships (eg, ace. ‘amukrent). Within the ean of fori low, significant focus placed on the Hindu Succession Atof 1856, ‘Ts tice primary centres on csquaifiation poisons within the Hindu Succession Ac of 1986, exarng both traitonal ond contemporary interpretations t iscusses citer fr esqulfication, including sceneries inoling widows who remy, indus comicted of murde, carves toother reigns ond cases where hes may be disquaifes, Tere is oo an exception to slsqusification in cases Ivcling iseose or defects This otc cms to edress the squaiiccin citer outined inthe Hy Succession Act while roving \eiuobleIrsights to this complex aspect af foi lan Who Is An Heir? According to Section 9 ofthe Hindu Succession Act 1985, “he” means any person, mole ofan, who sented to succeed tothe roprty ofan ftstot under tis ct. The xr of succession uncer the Hing Succes Act varies dependlg an whether male or female meme, af the cparcenaty(a Windy unde tary les ftstore (without a wl. Have Is the sucesson ade er beth scenarios: When A Male Member Dies Intestate: | bles Hels: These ore the osestreltves and hove the highest pray or inhertoncs, 20s Wes: thereover Class alts the succession maves to Cas I hel 3. Agates there ore na heirs in Class or loss agnates(eatiestreugh the male ne) are canscered 4. cognates: no hes ae feud in clas Css oF among ogates, then cogratesecties trough band connections othr than the male ne) come to oa. When A Female Member Dies Intestate: sons 14 Daughters: Sons ond doughtes of he decensed female member ore the frstn nefrihetance any of them are predeceased thei chien (the deceased merbe’ granhie) ote cansieed 2 Musban: Th deccosed female member husband the natin re fr ihertanc, 83. Metso Husband tne nusbonds not avecr quest inert tne nso he nusbond ore consi 4 Mother and Father: one of the cbovecotegars apply the mater and father ofthe deceosed female member oe consre. 5. Wels of Father: thee ore no suring pores the his of the other (paternal lative) ore considered. 6 Nels of Mother Fnly, na other eile hes are found the hls of the mother (maternal reltves) are considered fr sucession When Heirs Can Be Disqualified? Old Hindu Low: Inthe post according to the old Hindu Law, people dn have quoted rights to inert property. sted, there were ules tht could ‘squat someane trom iertng Iie if they had mental or physical issues, dseses or behave body. Even they were osly eats to the person who passed avy, these dsguaicatins coud stil apo ts important to note that these squnticctions werent aly obout religious reasons ie not being ole to perform eau ul. They were sobosed on socio mara ond physical forts. Modern Hindu Law: ‘The Hindu Successlon Act of 196 represents a sigficontskmplifcaton of Hindu law and has minimizes the numberof dsqualfications to @ fundomental minimum. Under the present Act onl three types of dsqunlications exit, ond they are rooted inte violation of fundamental principles of inheritance, which ae explained as follows: ‘. Widow remarriage: n 2005, the Kindy Succession (Amendment) Act emoved Section 24 rom the Act stated that certain types of ‘widows remarried before the inhertance pracess began they Would lose ther right to inherit. These widows inclu the wives of sons, ‘rondsons. ond brothers. However ia widowed mother or stepmather remarried, they cou stil inherit. 2. Murderer: Section 25 ofthe Hindu Succession Act exces murderers from leherting propery vnen there's na wil. specs that anyone ‘who commits ar helps commit o murder cannot inert the property af the persn they les or any other property rlated to the succession ‘they assisted in, There are na types of murderers dsquaiid under this section: 4) those whe murder or asin the murder of the petscn from whom they woul inher: ond bythose who murder or asistn the murder of someone else inthe context of inheritance 1 someone found gulty of murdering the deceosed, they must give up thelr rghts to the deceosets property according ta the Privy Counc inthe case of Smt Kastut Dev DO. [AIR 1576 SC 215), tis so matter of fomess ond justice, The mutderer shouldbe prevented fram benefiting trom their crime ond should not be recogrized as the rightful he. The principle is that if murder is committed to expect the Inherance process the perpetrator should nt prof fram i. «Conversion: section 2 of the Hindu Succession Ac species that the conversion of an hr does nat prevent them from inhering This provision disquolfies the ospring ofthe camtrted hel but doesnot alec the heir wha has embraced efferent fcth ational, descendants ofthe heir connot inert uness they are Kindus wen the succession event cccurs ‘The property let behind by on hel who hos converted wl follow the Inws ofthe community they¥e adopted. Fr instance. if «Hindu converts to islam, Muslim Low vill govern the sucession of thelr propery. nthe cose of Salhand worm Lalvani v.Nazneem Kha Qureshi In 2018, the cour fied thatthe wsqualiiation under this section ope slely ta the asprin of the conver, nat ta the canvert ‘themselves, This section fs opplcabe excusvely to intestate succession ond des not pertain to testomentary succession, where the tosttor's wishes govern the innertance 4. pisease, efector Deformity not to psqualf: inthe post occrding to Hindu ow, someone had physical sabes ie belng deat uma, br from birth, hoving leprosy, or mental sable ike beng crazy or very simple-minded, they could inert property. But in 1928, the Hindu Intertance (Remove of Dsobltes) Act changed this, It removed ll these disquoliictions, except for cases of severe ‘mental incapacity unacy o entree icy ection 28 ofthis Act stated that having pysical detects, diseases, or deformities could no onger be reasons to prevent someone fram Inherking property, The only cscuoltcations that stil applied were the ones mentioned in Sections 24 to 26 of the Act Conclusion Despite the significant sirptfictions brought about by the Hd Succession Act of 186 and its subsequent amancrnents in regulating Inneronce among Hindus there ae sti some unresoved discrepancies ‘The princple of equalty, as understod in society with inherent Inconsistencies, soften equated with ‘equal treatment The

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