Introduction
Hindu Laws primarily governs the affairs of Hindu’s. The term “Hindu” applies to a person born and brought up as Hindu, a convert or reconvert as well as person’s who are Buddhist, Jain and Sikh. There are specific laws attributed to them for further ease and governance, they are: The Hindu Marriage Act, 1955; The Hindu Succession Act, 1956; The Hindu Minority and Guardianship Act, 1956 and The Hindu Adoptions and Maintenance Act, 1956.The codified Hindu law is sourced from two main sources, ancient and modern respectively.
The ancient sources include, Shruti, Smriti, Customs, Commentaries and Digest. Whereas the modern sources include, Principles of equity and good conscience as well as Legislation and Precedent. Under Hindu Laws, every heir has a right to inheritance unless otherwise disqualified by certain valid grounds recognized by law. The Hindu Succession Act, 1956 provides us the grounds and procedure of such a disqualification.
The Concept of Disqualification
The Hindu Succession Act, 1956 provides the framework for intestate succession among Hindus. The codified provisions dealing with disqualifications are contained in Sections 25, 26, and 28 of the Act. It represents an exception to the general rule of inheritance, under which every legal heir has an equal and lawful claim to succeed upon the death of the intestate. The doctrine is enriched in the belief that the right of succession must not only be legal but also morally justifiable.
Grounds of Disqualification
* Murderer (Section 25)
The Hindu Succession Act, 1956 declares that a person who commits murder or abets the commission of murder of the diseased is disqualified from inheriting the property of that person as well as from acquiring any property that would have come to him or her through that act of succession. This rule ensures that no one gains from a wrongdoing committed against the deceased and embodies the maxim of, “ex turpi causa non oritur action”.
* Convert’s descendants (Section 26)
A person can be disqualified from inheritance if, whether before or after the commencement of this Act, he renounces the Hindu faith and embraces another religion, the children born to such a person after the conversion, along with their lineal descendants, lose the legal right to inherit the property of any of their Hindu relatives. This rule is founded on the principle that inheritance under Hindu law is closely linked to the continuity of the Hindu faith within the family. However, this disqualification is not absolute. If those children or their descendants subsequently embrace or return to the Hindu religion before the intestate, they regain their right to inherit. Thus, the provision seeks to maintain the religious integrity of Hindu succession while allowing the opportunity for restoration of inheritance rights through reconversion.
* Disowned Children
A child who is legally disowned by the parents through a valid deed or by a clear declaration under any personal or customary law, such a child cannot claim inheritance rights over the parent’s property. Although, mere emotional estrangement or verbal disownment has no legal effect unless supported by a valid will or deed. As court functions require clear proof of intention and legal execution for disinheritance to be valid.
* Unborn Child
This principle disqualifies a child who was not at womb during intestate from claiming any rights over inheritance. According to Section 20 of The Hindu Succession Act, 1956, only child in womb during the intestate and who gets birth subsequently has the rights over inheritance. The law allows property to pass only to a person who has a recognized legal existence at the time of the owner’s death. At the same time, the rule protects fairness by recognizing a child in the womb at the time of death as an existing person, provided the child is later born alive.
* Renunciation of the World
When a person renunciates the world for a long period of time, such a person is deemed to be disqualified from the inheritance. That person is considered to have undergone civil death and is treated as if they were dead before the intestate.
Disqualifications Abolished by the Act (Section 28)
The act further provides that, no individual can be deprived of the right to inherit property solely on the basis of any physical ailment, mental disorder, or bodily deformity. The law explicitly safeguards the right of succession by declaring that, except for the disqualifications expressly mentioned within the Act, no other personal condition or circumstance shall serve as a valid ground for exclusion. This provision reflects the progressive spirit of Hindu succession, replacing the notions of incapacity with principles of equality and human dignity. It ensures that inheritance rights are determined purely by legal entitlement and not by social prejudices or physical limitations.
Procedure of Disqualification
Disqualification from inheritance under Hindu law is governed by the specific provisions of the Hindu Succession Act, 1956, rather than through a separate formal procedure requiring initiation by any party. The disqualification operates automatically by virtue of law when an individual falls within certain defined categories. These include persons who have committed or abetted the murder of the deceased or descendants of a convert to another religion who have not reconverted to Hinduism at the time of succession. Thus, disqualification arises by operation of statutory provisions rather than through independent legal proceedings.
Effect of Disqualification (Article 27)
As an effect of disqualification, the persons who are held to be disqualified are treated as if they were dead before the intestate. Consequently, the property passes to the next eligible heir. In matters involving conversion from Hinduism to another religion, the disqualification extends further to include the children and descendants of the convert. These descendants are barred from inheriting the property of their Hindu relatives unless they re-embrace the Hindu faith before the succession opens.
Case Laws
Vallikannu v. R. Singaperumal (2005) 6 SCC 622
This case upheld the principle provided in Section 25 that, a person who committed murder or abetted the commission of it is held to be disqualified under law from inheritance. The judgment clarified that this disqualification operates automatically upon proof of murder or abetment, ensuring that inheritance law upholds both justice and moral integrity. The decision thus stands as a landmark precedent affirming that criminal culpability extinguishes inheritance rights, and the provisions of Section 25 must be interpreted in light of ethical fairness and public policy.
E. Ramesh & Anr. v. P. Rajini & Ors. (2002 1 MLJ 216)
This decision of the court is based on Section 26 of The Hindu Succession Act, 1956, it held that a Hindu woman does not lose their right to inherit her father’s property even if she converts to Islam. The court based its decision on the principle that Section 26, was interpreted to disqualify only the children of the convert, born after the conversion, from inheriting from their Hindu relatives, but not the convert themselves.
Janak Rani Chadha v. State of NCT of Delhi (2006)
In this case, the Delhi High Court interpreted Section 25 of the Hindu Succession Act, 1956, which disqualifies a person who commits or abets the commission of murder from inheriting the property of the person murdered. Here the wife was murdered by the husband, and the core issue before the court was whether disqualification from inheritance arises upon mere accusation or only after conviction by a competent criminal court.
Conclusion
As we reach the end, we can conclude that, the Hindu Laws provides us exhaustive details relating the institutions of marriage, succession, maintenance and adoption. The doctrine of disqualification from inheritance provides us a moral and legal framework relating to succession, the Section 25 and 26 provides the basis for disqualification on the grounds of murder and conversion only further replacing the discriminatory grounds of disqualification.
