Accused of murder, abetment cannot inherit victim’s property: Supreme Court india news
New Delhi: Noting that no person can be allowed to profit from his wrongdoing, the Supreme Court on Friday said a person accused of committing murder or being involved in the murder of another person will be barred from inheriting the property of the victim.A bench of Justices JB Pardiwala and R Mahadevan said such disqualification on inherited property applies to both intestate and testamentary succession and clarified that the stay would apply even if the litigation is still pending. Intestate succession takes place in accordance with the personal law rules governing succession. Testamentary succession occurs when property is bequeathed through a will.“A person accused of murder of the person from whom inheritance is claimed is deprived of claiming rights not only under Section 25 of the Hindu Succession Act, but also on the principles of justice, fair play and equality. If preponderance of probabilities point to the commission of an offence, strict proof in civil proceedings is not indispensable.” “Section 25 of the Hindu Succession Act provides that a person who commits murder or abets murder shall be disqualified from inheriting the property of the murdered person, or any other property in furtherance of the inheritance in respect of which such person has committed or abetted the murder...” The bench said the principle underlying the provision “is based on public policy, justice and good conscience, namely that no person can be allowed to take advantage of his own mistake”.
