Person accused of murder or abetting it cannot inherit victim's property: SC

Synopsis

The Supreme Court has delivered a landmark ruling. Individuals accused of murder or abetting murder cannot inherit property from the victim. This disqualification applies to both wills and intestate succession. The court stated that this bar holds even if a trial is ongoing. Principles of justice and equity support this decision.

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.

Also Read: Punjab's drug abuse crisis has reached alarming levels, says Supreme Court

Intestate succession takes place according to the rules of personal law governing inheritance, while testamentary succession applies when property is bequeathed through a will.

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"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.

Also Read: SC orders setting up of special courts for speedy NIA trials

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.

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