Disqualification of Heirs under Hindu Succession Act, 1956
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Statutory Provision
Sections 24 to 28 of the Hindu Succession Act, 1956 provides for disqualification of heirs. -
Grounds for Disqualification
- Certain widows remarrying – Section 24 of the Hindu Succession Act 1956 disqualifies the widow of a predeceased son, the widow of a brother if, she has remarried.
- Murderer – The person who commits a murder or abets the commission of murder has been disqualified under Section 25 of the Hindu Succession Act.
- Convert’s descendants – Section 26 of the Hindu Succession Act 1956 also disqualifies a convert’s descendants from inheritance. A Hindu has ceased to be Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified.
- Succession when heir disqualified – If a person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.
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Important Provision
Section 28 of the Hindu Succession Act, 1956 provides that no person shall be disqualified from inheriting any property on the ground of any disease, defect or deformity. -
Note
Section 24 relating to remarriage of widows has been omitted by the Hindu Succession (Amendment) Act, 2005 and remarriage is no longer a ground of disqualification.
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