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2024 July 2024 Latest Legal

Section 25 of the Hindu Succession Act – disqualification – dowry death

July 21, 2024 legaldeli

On 6.2.2014, deceased daughter of the petitioner died. The petitioner filed petition for succession certificate and mentioned details of heirs including her husband and in-laws. Mother of deceased died during pendency of the petition. It was averred that they are disqualified to inherit the property of deceased as they have been convicted for offences punishable under Sections 304B, 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, vide judgment dated 31.7.2019.

However, the office took an objection that the petitioner as father is not entitled to inherit property when the husband was not convicted for offence of Section 302 of the IPC.

Therefore, the question arose was whether husband of deceased wife and who has been convicted under Sections 304B and 498A of IPC is disqualified to inherit her property under Section 25 of Hindu Succession Act.

Section 25 of the Hindu Succession Act, 1956, is based on public policy that a person who causes death of the person whose property he seeks to inherit cannot be permitted to take advantage of his own felonious act. The avowed object to disallow such a person to accelerate his inheritance by causing death of the person whose property he seeks to inherit.

In the context of disqualification under Section 25 of the Hindu Succession Act, there does not appear much qualitative difference in the offences punishable under Section 302 and Section 304B of IPC.

Judgment dated 2.7.2024 of the Bombay High Court in Testamentary Petition No.807 of 2020 of Pawan Jain Vs. Sejal Anurag Jain

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