Disqualifications for right of Inheritance:
The Hindu Succession Act,1956 Section 24 t0 28 deals with the disqualification for claming of right of inheritance.
In Hindu Joint Family,when the partition was take place,the share of the property is alloted to all the persons,but according to some conditions the share was not alloted to some persons.That person has no right to ask the shares.
1. Remarriage of Widow
1. Remarriage of Widow:
Section 24 of the Act defines "Remarriage of Widow".According to Dharmashastras, only a chaste woman could inherit her husband's property.If a widow remarries,she is disqualified to inherit the property of her deceased husband.Such property is handed over to the heirs of the deceased person.
A widow became unchaste,by remarriage subsequently would be divested of the estate.If she had already having some property inheroted from the predeceased husband,her right on the property gets extinguished on the remarriage.This disqualification to inherit the property was also enshrined in the Hindu Woman's Right to Property Act,1937.
According to Section 24 of the Hindu Succession Act,1956 the disqualification is applied to the following Widows also :
1. Son's Widow
2. Grand Son's Widow and
3. Brother's Widow.
2. Murder :
Section 25 of the Act defines the term "Murder".
A person who commits murder of the deceased or a person,who abets the murder of the deceased,or a person,who accelerates the commission of murder,is disqualified from inheriting the property.It means killing the person having the nearer relationship with deceased.But ,if a person charged with murder is acquitted,the acquittal removes the disqualification.
Eg:- 'P' is on the death bed.'P' has a daughter 'D' and daughter son's 'DS'.'DS' kills 'D' to inherit the property immediately on the death of 'P'.
Conversion was a bar to inherit the property.This disqualification was removed by Caste Disabilities Act,1950.
Section 26 of the Act,deals with the disqualification to inherit the property on the ground of conversion.
The Hindu Succession Act applies to only Hindu.If a Hindu converts to Christanity,before the conversion,he was governed by the Hindu Succession Act as he was Hindu.After the conversion,he is governed by the rules of Christanity.Children born after the conversion,are disqualified from inheriting property from their Hindu relatives.
Succession,when a heir is disqualified.Section 27 disqualifies the heir if he is the murderer of the propositus,but it does not disqualify the murderer's heir.
Disease & Defect :
Section 28 is exception from the disqualification.According to the Act,no person shall be disqualified from succeeding to any property on the ground of any Disease,Defect or Diformity.Further Deaf and Dumb,want of Limb or Organ,Congenial Impotency,Lunacy,Idiocy,Leprosy etc..., are not disqualified.
For these reason the persons are disqualified from the Hindu Succession Act to inherit the property.
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